Author Topic: Wise v. Zwicker & Associates, PC et al (O.N.D.C. 6th Cir)  (Read 934 times)

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Wise v. Zwicker & Associates, PC et al (O.N.D.C. 6th Cir)
« on: October 14, 2016 08:49:20 AM »
This is an old case, with the complaint having been filed on June 26, 2012 in the Ohio Northern District Court (Case No. 5:12-cv-01653)

It has been discussed several times here on the forum, mostly because it contains a ruling denying a motion to compel arbitration (by FDCPA defendant Zwicker & Associates, PC et al) which essentially concludes that a FDCPA defendant is not subject to arbitration for various reasons.

After the motion to compel arbitration was denied, Zwicker moved for a judgment on the pleadings, which was granted by the District Court Judge and the case was dismissed with prejudice on February 21, 2014.

Wise appealed the District Court ruling to the Court of Appeals for the 6th Circuit, which remanded the case back to the District Court for further investigation of the choice of law determination.

The choice of law investigation was never done by the District Court because Zwicker filed a petition for a writ of certiorari with the US Supreme Court on July 22, 2015.  The petition was denied on January 11, 2016.

The stay was lifted in the District Court case on February 4, 2016 but there has been little activity since.

Below are links to selected District Court, Court of Appeals, and US Supreme Court filings.  This case is primarily about the choice of law question, but despite its long history the question is never really answered.

District Court Docket

US Supreme Court Docket

District Court Order Denying Motion to Compel Arbitration

District Court Order Granting Motion for Judgment on the Pleadings

Court of Appeals Opinion

Wise's Brief in Opposition (re writ of certiorari) US Supreme Court