North Star Capital Acquisition, LLC v. Victor

Summary

The Maine Supreme Judicial Court vacated summary judgment for North Star Capital Acquisition, LLC in its action to collect an unpaid credit card balance assigned from Capital One Bank. The court held that Victor sufficiently raised genuine disputes regarding the credit card agreement, the amount owed, and North Star's ownership of the account, and that North Star failed to provide adequate documentation resolving those disputes.

Holdings

1. Victor's responsive statement of material facts and affidavit sufficiently complied with Rule 56(h)(2) and placed material facts in dispute, even though his response was not perfect and did not include numbered paragraphs or affidavit cross-references.
2. A plaintiff moving for summary judgment must establish each element of its claim without a dispute of material fact. North Star was not entitled to summary judgment because the record left disputed the terms and conditions of the credit card account and whether North Star owned the debt through a valid assignment.

Questions Presented

1. Whether Victor's opposition to North Star's motion for summary judgment sufficiently complied with Maine Rule of Civil Procedure 56(h)(2) to place material facts in dispute.
2. Whether North Star, as the plaintiff and moving party, established without a genuine dispute of material fact the terms of the credit card agreement, the amount owed, and its ownership of the account by assignment.

Disposition

vacated