John G. Papianou
Visit Attorney ProfileThe Fight Begins Over FACTA Standing in State Courts
This post was co-authored by John G. Papianou and Erin A. Novak of Montgomery McCracken. Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal courts that they’ve suffered a concrete harm. Spokeo held… Read More
Don’t Bury Your Arbitration Clause: Third Circuit Refuses To Enforce Arbitration Clause/Class Action Waiver
If you want to enforce an arbitration clause and class action waiver, don’t bury it on the 97th page of a product manual. Instead, make sure consumers have reasonable notice of it. That’s the lesson from the Third Circuit’s decision in Noble v. Samsung Electronics… Read More
When Is A Statutory Violation—Without More—Sufficient To Confer Standing
When the United States Supreme Court decided Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year ago, many lawyers believed the court’s decision would settle a rather simple question: if a defendant violates a statute, is that sufficient for a… Read More
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
Supreme Court Says Offers of Individual Settlement or Judgment Don’t Moot Class Actions
It turns out you can’t get rid of a putative class action by offering complete individual relief to a named plaintiff. In Campbell-Ewald Co. v. Gomez, 2016 WL 228345 (U.S. Jan. 20, 2016), the Supreme Court took up the question whether “an unaccepted offer to… Read More
United States Supreme Court Rejects California Appellate Court’s Refusal to Enforce Arbitration Provision
The United States Supreme Court has reversed a California appellate court’s refusal to enforce an arbitration provision in a contract, concluding that the court’s decision is incompatible with the Federal Arbitration Act and prior Supreme Court precedent. The case, DirecTV, Inc. v. Imburgia, __ S.… Read More
Supreme Court Eases Burden of Removing Cases Under the Class Action Fairness Act
The United States Supreme Court just made class action defendants’ lives a little easier. In a 5-4 decision, the Supreme Court held that when removing a case to federal court under the Class Action Fairness Act (“CAFA”), a defendant need only make a plausible allegation… Read More
First Circuit Finds Plaintiff Lacks Standing In Unmanifested Defect Case
Claims based on enhanced risk of future harm just got harder to bring. Yesterday, the United States Court of Appeals for the First Circuit affirmed the dismissal of a complaint in which the plaintiff alleged the corrugated stainless steel tubing (CSST) in his home, used… Read More
New Jersey Supreme Court Tightens Requirements for Enforcing Arbitration Agreements
General counsel should stop what they’re doing and review their company’s arbitration provisions in light of the New Jersey Supreme Court’s recent decision in Atalese v. U.S. Legal Services Group, L.P., 2014 WL 4689318 (N.J. Sept. 23, 2014). In Atalese, the Supreme Court rejected the… Read More
Federal Court Saves Millions of Smart Phone Users from TCPA Liability
For the first time, a federal court has clarified that the Telephone Consumer Protection Act (“TCPA”) bars the improper use of an automatic telephone dialing system or ATDS. Sterk v. Path, Inc., 2014 WL 2443785 (N.D. Ill. May 30, 2014). It is not enough just… Read More