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Jason Tompkins, partner in the firm’s Birmingham office and member of the Litigation Practice, is participating in a panel for the ABA Business Law Section’s Spring Meeting in New Orleans on April 6, 2017. The panel is entitled, “Supreme Court Takes on Consumer Bankruptcy and FDCPA Litigation - A Look at Midland Funding, LLC v. Johnson.”
Jason, alongside Chase Espy, attorney in the firm’s Birmingham office and member of the Litigation Practice, represented Midland Funding in the U.S. District Court for the Southern District of Alabama, where they were successful in defeating the plaintiff’s would-be nationwide class action, as well as in the Eleventh Circuit Court of Appeals. In addition, working with Williams & Connolly, Jason and Chase helped to advance the case to the U.S. Supreme Court and secured what is believed to be the quickest grant of a non-emergency cert petition on record.
The Supreme Court heard arguments for the case on January 17, 2017. The Court’s decision, expected later this spring, is expected to resolve a circuit split as to whether the filing of a bankruptcy proof of claim for time-barred debt violates the Fair Debt Collection Practices Act (FDCPA) and whether the Bankruptcy Code precludes the FDCPA's application to proofs of claim.
Other panelists will include United States Bankruptcy Judge Jeffrey P. Norman and Daniel Geyser of Stris & Maher LLP, the attorney who represented the respondent in front of the U.S. Supreme Court.