MenuClose
mm

John G. Papianou

Visit Attorney Profile
John G. Papianou is a partner in the Litigation Department of Montgomery McCracken. John concentrates his practice in complex civil litigation, with particular emphasis on consumer class actions involving claims under state consumer protection statutes. He has counseled and represented numerous clients in consumer class actions across the country.
Mar 07

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

Feb 02

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

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

Jan 22

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

Dec 15

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

Dec 16

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

Nov 05

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

Sep 23

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

Jun 13

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

May 09

Third Circuit May Soon Consider Whether Offer of Judgment Moots Class Claims

UPDATE – July 17, 2014: Third Circuit Grants Appeal in Weitzner v. Sanofi The Third Circuit granted a petition for leave to appeal in this matter. See attached notice. Will the Third Circuit heed Justice Kagan’s dissent in Genesis and “rethink [its] mootness-by-unaccepted-offer theory” or… Read More