Michael D. Ferachi | McGlinchey Stafford PLLC

I view myself not so much as a litigator but as a problem solver. Sometimes those problems reach the courtroom, sometimes not. But what gives me the greatest satisfaction is solving my clients’ problems and – whenever possible – making sure they stay solved.

Michael D. Ferachi is an experienced trial attorney who advises clients on consumer finance litigation, class actions, business disputes, and insurance defense matters. He has handled cases involving a full range of federal statutes and regulations pertaining to consumer finance such as the Fair Credit Reporting Act (FCRA), Home Ownership and Equity Protection Act (HOEPA), Equal Credit Opportunity Act (ECOA), Regulation Z, Truth in Lending Act (TILA), Fair Debt Collection Practices Act (FDCPA), and Fair and Accurate Credit Transactions Act (FACTA).

Michael’s work includes litigating disputes involving consumer finance institutions of all sizes as well as airlines, outdoor advertising, commercial finance entities, construction companies, and other entities. He has tried numerous cases to verdict and handled dozens of appellate matters. Michael has litigated cases in all three federal districts in Louisiana and has argued before the U.S. Fifth Circuit Court of Appeals on two occasions where, in both instances, he received a positive decision. He has also litigated matters throughout Louisiana at the trial court level and has argued before the Louisiana Supreme Court and the Louisiana First, Second, and Fifth Circuit Courts of Appeal.

Michael has represented clients in class actions nationwide. He represented a large issuer of credit cards in a nationwide class action regarding payment due date and posting practices. He also represented a major airline and a major credit card company in a nationwide class action regarding the airline’s frequent flyer program. Michael represented a lender in a nationwide class action on Telephone Consumer Privacy Act (TCPA) issues.

Michael is the Managing Member of the firm.

Representation of Global Airline in Personal Injury Suit
Represented global airline in a personal injury suit, arising from an alleged fall in the client’s Oakland, California airport. The plaintiff filed suit in the Western District of Louisiana almost two years after the fall. We filed a motion to dismiss, asserting that the plaintiff’s claim was time-barred, that no compelling considerations supported her actionMore
Construction Matter Before the Louisiana Supreme Court
Successfully represented a client before the Louisiana Supreme Court, the Louisiana First Circuit Court of Appeal, and the trial court on the issue of whether a contractor breached the contract with the client and whether the contractor was statutorily immune for its breach because the contractor alleged it had built the project in accordance withMore
Firm Earns Appellate Victory for Airline Client in Personal Injury Case
Obtained a favorable decision by the Fifth Circuit Court of Appeal granting firm airline client’s motion to dismiss a plaintiff’s claim of defective seating configuration within an aircraft, which he claimed caused him deep vein thrombosis (DVT). Previously, the 24th Judicial District Court in Jefferson Parish, Louisiana had granted the exception of no cause ofMore
Representation of National Bank in Mortgage Foreclosure Dispute in Louisiana Fifth Circuit Court of Appeal
Successfully represented a national bank on an issue of first impression before the Louisiana Fifth Circuit Court of Appeal. The bank foreclosed on a mortgage through executory process. The property owner was served with the notice of seizure and sale. Several days before the scheduled sale, the property owner filed for bankruptcy protection. However, afterMore
Successful Representation of Client in Appellate Matter Involving Exception of Prescription
On behalf of our client, McGlinchey attorneys convinced the Louisiana First Circuit Court of Appeal to affirm dismissal of a case filed by the plaintiff on an exception of prescription. The case, dealing with the type of evidence a creditor must submit in order to interrupt prescription on a demand promissory note under La R.S.More

Doug Welborn, et al v. Bank of New York, et al, no 13-30103 (consolidated with El Paso County, Texas, et al v. Bank of America Corporation, et al., no. 13-50080), United States Fifth Circuit (March 05, 2014)
Mary Ann Tigert v. American Airlines, Inc.; DAL Global Services, L.L.C., 2009 WL 521597 (W.D. La. Dec. 28, 2009), aff'd No. 10-30069, ____ F.3d ____ (5th Cir. Aug. 10, 2010).
Witty v. Delta Air Lines, Inc., 366 F.3d 380 (5th Cir. 2004). The appellate decision in Witty was the first federal appellate court decision involving airlines and deep vein thrombosis (DVT)
Luckett v. Delta Air Lines, Inc., 171 F.3d 295 (5th Cir. 1999)
Allred v. Moore & Peterson, 117 F.3d 278 (5th Cir. 1997)
Celia Horrell v. JPMorgan Chase, N.A., Civil Action No. 11-2885 (E.D. La. 10/03/12)
Walid Mizyed v. Delta Air Lines, Inc., Civil Action No. 12-0382, (E.D. La. 05/15/12)
Tigert v. American Airlines, Inc., 2009 WL 5215978 (W.D. La 2009)
Williams v. Beneficial Administration Company, Inc., et al, 2008 WL 1995050 (E.D. La. 2008)
Toler v. Green Tree Servicing LLC, 2008 WL 2858728 (W.D.La. 2008)
Clarkston v. Allstate Ins. Co., 2007 WL 128806 (E.D. La. 2007)
Pro Active Therapy of Greenville, Inc., et al v. Cenac, 2004 WL 2186617 (E.D. La. 2004)
Barabay Property Holdings v. Boh Brothers, 2008-C-1185 (La. S. Ct. 03/17/09)
Aakal Lodging, LLC v. American Express, et al, CA-12-47219, (La. App. 2d Cir. 06/20/2012)
Certified Capital Corporation v. Reis, 2008 CA 0454 (La. App. 1st Cir. 3/27/09)
Meyers v. Bank One, N.A., 2007 WL 1300948, 2006-1450 (La.App.1st.Cir. 5/4/07)
John H. Onstott v. Certified Capital Corporation, 2005 CA 2548 (La. App. 1st Cir. 11/03/06)
Vishal Hospitality, LLC v. Choice Hotels International, Inc., 2004 CA 0568R (La. App. 1st Cir. 06/28/2006)
Certified Capital Corp. v. Reis, 897 So.2d 128 (La. App. 1st Cir. 2005)
Chase Manhattan Mort. Corp v. Lassiter, 889 So.2d 1155 (La. App. 5th Cir. 11/30/04)
Townsend v. Urie, 800 So.2d 11 (La. App. 1st Cir. 5/11/01)
U.S. Pollution Control, Inc. v. National American Ins. Co., 663 So.2d 119 (La. App. 3d Cir. 8/30/95)

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