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Peter Breslauer

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Peter Breslauer is a partner in the Litigation Department of Montgomery McCracken. His practice is focused on complex commercial litigation, including the defense of class-action, antitrust, products liability and intellectual property cases. Peter has extensive experience in the defense of nationwide class action litigation.
Dec 15

Seventh Circuit Tosses “No Injury” FACTA Claim After Spokeo

The Seventh Circuit has issued the first opinion of a federal court of appeals addressing, under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), whether a plaintiff has standing to sue under the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681 et… Read More

Nov 02

Third Circuit Remands TCPA Class Action to take Account of July 2015 FCC Ruling on What Qualifies as an ATDS

The debate continues over what constitutes an “automatic telephone dialing system,” or ATDS, under the Telephone Consumer Protection Act (TCPA), as the Third Circuit vacates, for consideration under recent FCC guidance, an order granting summary judgment in favor of Yahoo in a case where the… Read More

Aug 13

Third Circuit Rules That Whether a Contract Permits Classwide Arbitration is for the District Court, not the Arbitrator, to Decide

In a case of first impression, the Third Circuit has ruled that the district court, not an arbitrator, should decide whether classwide arbitration is available under a contract with an arbitration clause.  Opalinski v. Robert Half International Inc., No. 12-4444, 2014 WL 3733685 (3d Cir.… Read More

May 16

Early Fact Disclosure Facilitated by Electronic Discovery in E.D. Pa. Antitrust Class Action

Recognizing the speed and low cost of searching for relevant facts in electronically stored information (ESI), the United States District Court for the Eastern District of Pennsylvania has ordered plaintiffs’ counsel to disclose – in advance of depositions and class certification or summary judgment proceedings… Read More

Mar 13

Early Ruling Strikes Nationwide Class Allegations For Lack Of Standing, Avoiding “Extensive Discovery Costs And Delay”

A recent decision of the United States District Court for the Western District of Pennsylvania dismissed, as a threshold question of jurisdiction, a plaintiff’s allegation seeking a nationwide class, because the plaintiff personally had standing to sue only under the law of the state where… Read More

Nov 14

Comcast Plaintiffs Try For Class Certification Again

Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), was one of the most important recent class certification opinions of the United States Supreme Court.  Comcast established that before a class can be certified under Fed. R. Civ. P. 23(b)(3), a plaintiff’s damages model must survive… Read More

Oct 21

Third Circuit Rules that Plaintiff Cannot Obtain Review of FLSA Decertification Order by Voluntarily Dismissing Case

In a case of first impression, the Third Circuit has ruled that plaintiffs in Fair Labor Standards Act collective actions may not, after a district court decertifies a collective-action class, obtain appellate review of the decertification order by voluntarily dismissing their claims with prejudice and… Read More