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John G. Papianou

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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.
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

Apr 08

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

Apr 02

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

Oct 10

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

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Third Circuit