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Federal Courts -
1st Circuit Court of Appeals - August 30 - August 31, 2007
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Diaz-Ramos v. Hyundai Motor Co., No. 06-2026,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 30, 2007, Decided
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Overview: In light of the explicit statutory language, long-standing precedent regarding class actions, legislative history, and principles of statutory interpretation, no private right of action for an individual who sought to represent a class of injured parties existed under P.R. Laws Ann. tit. 10, § 259 in conjunction with P.R. Laws Ann. tit. 32, § 3342.
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UPS Cap. Bus. Credit v. Gencarelli (In re Gencarelli), No. 06-2700,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 30, 2007, Decided
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Overview: Where a creditor waged claims against a solvent debtor, which had repaid its commercial loans out of bankruptcy auction proceeds, for prepayment penalties, denial of the claims was reversed as 11 U.S.C.S. § 502, not 11 U.S.C.S. § 506, afforded the test for allowability, and a claim satisfying the test was at least collectible as an unsecured claim.
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