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Sep 07

TCPA Update: The Year in Review and Trends for 2016 Webinar

Montgomery McCracken’s Class Action Defense practice invites you to attend “Telephone Consumer Protection Act (TCPA) Update: The Year in Review and Trends for 2016.” The webinar will take place on Thursday, October 13 from 12:00 – 1:00 p.m. (EST). The TCPA restricts telephone solicitations (i.e.,… Read More

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Class Actions
Aug 09

The Second Circuit Blesses Post-Jury Verdict, Pre-Judgment Decertification

This post was co-authored by Carla Graff, a summer associate with Montgomery McCracken and Charles B. Casper, a partner and chair of Montgomery McCracken’s Class Action Defense Practice Group. How long does the judicial obligation to ensure proper class certification last? According to the Second Circuit, it… Read More

May 20

If You Conduct Business in New Jersey You Need to Review Your Online Terms and Conditions

Companies that do business in New Jersey have seen a sharp spike in class actions alleging their Web sites violate the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act, 56 N.J.S.A. § 56:12-14, et seq. (“TCCWNA”).  The statute has caused headaches for companies for a… Read More

May 17

U.S. Supreme Court Rules Concrete Harm Is Required to Sue for Statutory Damages

For the second time in four years, the U.S. Supreme Court passed up an opportunity to decide what constitutes the concrete injury needed for standing when Congress authorizes individuals to sue for statutory damages for violation of a federal statute.  In Spokeo, Inc. v. Robins,… Read More

May 12

“Non-GMO”: The Food Labeling Class Action Train Is NOT Running Out of Steam

This week, I shared perspectives on non-GMO labeling with respect to two topics that should be driving the discussion among those at the board room table and those serving as the company’s counsel: (1) what measures should food manufacturers contemplate to minimize risk exposure as… Read More

Apr 19

Still Standing: Data Breach Class Action Against P.F. Chang’s Revived on Appeal

This guest post was authored by our colleague Stephen A. Grossman, a partner and chair of Montgomery McCracken’s Data Privacy and Cybersecurity practice, and co-chair of its E-Discovery practice. He can be reached at sgrossman@mmwr.com or 856-488-7767. We have previously written here and here on… Read More

Mar 23

Supreme Court Says Plaintiffs in Class and Collective Actions Can Sometimes Use Averages and Representative Samples to Prove Elements of Their Case

The Supreme Court decided yesterday, in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016), that the named plaintiffs in a wage-and-hours case could use an expert’s calculation of the average time a representative sample of workers took to put… Read More

Mar 02

Food Labeling Litigation in 2016: The Sun Never Sets

This past September, I blogged about the brewing battle over Vermont’s controversial GMO labeling law (“Act 120”), which was approved May 8, 2014 and is scheduled to take effect July 1, 2016. Since then, not only has the Vermont GE controversy taken on national and constitutional… Read More

Feb 22

New York Court Rejects Defendants’ Attempt to Moot Class Plaintiffs’ Claims By Depositing Funds With the Court

A federal district court judge in New York has denied a request by the defendants in a putative class action to deposit funds with the Clerk of Court in the amount of the defendants’ Rule 68 offer of judgment ($400) – an amount the defendants… Read More

Jan 27

Third Circuit Holds Courts, Not Arbitrators, Decide if Class-Wide Arbitration is Authorized, Even if Arbitration Agreement Invokes AAA Rules

The Third Circuit began the New Year by ruling that courts, not arbitrators, decide whether an arbitration agreement authorizes class-wide arbitration, even if the agreement invokes American Arbitration Association rules.  Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, — F.3d —, 2016 WL 53860 (3d Cir.… Read More