JAMES R. HAGY, III, PATRICIA R. HAGY v. DEMERS & ADAMS; DAVID J. DEMERS, GREEN TREE SERVICING, LLC; KEVIN WINEHOLD; PROASSURANCE CASUALTY COMPANY - Articles

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Posted by: Landry Butler on Feb 16, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Adam J. Bennett, COOKE DEMERS LLC, New Albany, Ohio, for Appellant. Edward A. Icove, ICOVE LEGAL GROUP, LTD., Cleveland, Ohio, for Appellee.

Attorneys 2:

ON BRIEF: Adam J. Bennett, David J. Demers, COOKE DEMERS LLC, New Albany, Ohio, for Appellant. Edward A. Icove, ICOVE LEGAL GROUP, LTD., Cleveland, Ohio, Kristen Finzel Lewis, SOUTHEASTERN OHIO LEGAL SERVICE, New Philadelphia, Ohio, for Appellee

Judge(s): SUHRHEINRICH, SUTTON, and BUSH, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Columbus.

SUTTON, Circuit Judge. David Demers, an attorney, sent a letter on behalf of his client to the attorney for James and Patricia Hagy. The letter indicated that the Hagys would not have to pay the balance on their loan and that the lender would not pursue any other remedies against the Hagys. That seemed like good news for the Hagys. Little did Demers know that this epistle would lead to six years (and counting) of litigation against him and his firm for violating the Fair Debt Collection Practices Act. Because the complaint failed to identify a cognizable injury traceable to Demers (and his firm) and because Congress cannot override this baseline requirement of Article III of the U.S. Constitution by labeling the violation of any requirement of a statute a cognizable injury, we must dismiss the appeal and, with it, the underlying case.