John G. Papianou
Visit Attorney ProfileThird 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
Supreme Court to Decide Whether Notice of Removal Under Class Action Fairness Act Must Include Evidence
The United States Supreme Court has agreed to consider whether a defendant seeking removal to federal court under the Class Action Fairness Act (“CAFA”) must include evidence supporting federal jurisdiction rather than only a “short and plain statement of the grounds for removal.” Dart Cherokee… Read More
Federal Courts Tighten Definition of Automatic Telephone Dialing System
Like the Fair and Accurate Credit Transaction Act before it, the Telephone Consumer Protection Act (“TCPA”) has become the latest federal statute on which entrepreneurial plaintiffs’ lawyers have staked their fortunes. The number of lawsuits under the TCPA is skyrocketing. According to the United States… Read More
Third Circuit Rulings Tighten Ascertainability and Numerosity Requirements Under Rule 23
Three recent class certification decisions from the Third Circuit have tightened the ascertainability and numerosity requirements under Rule 23. The key takeaways: 1. Plaintiff must offer an administratively feasible way of determining class membership. If doing so would require the district court to engage in… Read More