Cappuccio v. Prime Capital Funding LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that as matter of good practice, where party has produced sufficient facts to rebut presumption in civil case, and it drops out of case, trial court should avoid references to such presumption in its instructions
• applying Rule 301 to the Truth in Lending Act, 15 U.S.C § 1601 et seq., after finding “no language . . . to create a stronger presumption”
• “[W]e hold that the testimony of a borrower alone is sufficient to overcome TILA’s presumption of receipt.”
• “A single, non-conclusory affidavit or witness’s testimony, when based on personal knowledge and directed at a material issue, is sufficient to defeat summary judgment. . . .”

Source: CourtListener parenthetical corpus (CC0).