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Showing content with the highest reputation on 10/21/2019 in all areas

  1. 1 point
    A quick update in between travel this week to update this thread. Attaching the final version of the Reply Brief which I used in my case against PRA. This Reply Brief was in response to PRA asking the Court to deny my MTCA (their response is above). Recap on this case, PRA claimed MTCA should not be accepted based on the following argument: 1. I hadn't filed an arbitration request directly with AAA yet and instead chose the litigation route by choosing to file an Answer and Motion in court. PRA attorney was adamant that arbitration had to be filed as soon as I received the Complaint. Attorney chose to ignore the arb agreement language which clearly stated the opposite. The Reply Brief responds to this claim by the PRA attorney. Thank you to @Brotherskeeperfor all the time, thoughts and support on this case as it led to a very favorable outcome I will update this thread later this week with all the details for those that find themselves facing the same argument by the JDB. reply brief final no name.docx
  2. 1 point
    After I appealed the Commissioner’s ruling and was granted a trial de novo in Circuit Court, the Plaintiff filed a Brief in Opposition to my MTC. I was surprised that the document was so sloppy and poorly reasoned. I responded with my Brief in Opp to Plaintiff’s, countering each argument. I used many things I learned in this Forum but also added as much state case law as I could find. At the hearing, the Judge questioned us. He then granted my MTC, stating that my rationale was well founded and that Plaintiff has offered nothing to refute that.
  3. 1 point
    Good afternoon. I do not believe the defendant has to set a motion hearing; the court will take care of that