Oliva v Blatt Update on the “Petition for a Writ of Certiorari” to SCOTUS Decision


Posted By Administration, Monday, March 26, 2018
Updated: Thursday, July 26, 2018

Recorded Monday, March 26, 2018

This podcast is a follow-up to the denied motion in the Blatt, Hasenmiller, Leibsker & Moore, LLC, petition for certiorari filed with the United States Supreme Court in the case Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC. The underlying case comes out of the 7th Circuit and presents two issues for the Court: (1) Whether good faith reliance on controlling circuit precedent, prior to any retroactive change in that law, is an unintentional “bona fide error” and a procedure “reasonably adapted to avoid error” within the meaning of the “bona fide error” defense in the FDCPA; and (2) whether the due process clause prohibits punishment for conduct that was lawful when committed, but later prohibited by a retroactive change of law.


John P. Ryan, Hinshaw & Culbertson, LLP

John Ryan litigates cases on behalf debt buyers, debt collection agencies and lawyers at all court levels. He has received numerous significant decisions for industry members. John specializes in defending clients in high risk and high exposure class actions. He is a partner at Hinshaw & Culbertson LLP, in Chicago.

David Schultz, Hinshaw & Culbertson, LLP

David Schultz represents debt buyers, debt collection agencies, lawyers, lending institutions and others in consumer litigation throughout the country, and has handled many precedent setting cases. David also counsels organizations in the consumer financial services industry on risk management, compliance and regulatory matters. He is a partner at Hinshaw & Culbertson LLP, in Chicago. Mr. Schultz is the founder and past chair of the firm's Consumer Financial Services Practice.

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