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Civil Litigation

Feb. 15, 2024

Judge questions new theories in auto finance dispute

Despite the facts being compelling, “counsel knows that there is also a pleading requirement that supports the motion for summary judgment or opposition … to the motion. That is what’s lacking here and I can’t ignore that,” U.S. District Judge Sherilyn P. Garnett.

Judge questions new theories in auto finance dispute
U.S. District Judge Sherilyn P. Garnett

A federal judge asked a plaintiffs’ attorney in an auto finance dispute against PNC Bank why he waited until the dispositive motion stage to raise seemingly new theories about the accuracy of how much of the initial payments had been made.

During a summary judgment hearing before U.S. District Judge Sherilyn P. Garnett, the bank’s counsel, Sanford P. Shatz of McGlinchey Stafford, argued the plaintiffs seemingly switched theories. The plain...

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