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Apr 29

Third Circuit Clarifies Its Ascertainability Requirement: A Two-Part Inquiry—But Only a Two-Part Inquiry

The Third Circuit’s recent decision in Byrd v. Aaron’s Inc., No. 14-3050, 2015 WL 1727613 (3d Cir. Apr. 16, 2015), reversed a district court’s denial of class certification because the lower court incorrectly applied the ascertainability requirement to plaintiffs’ proposed Rule 23(b)(3) classes. The appellate… Read More

Apr 01

Class-Wide Unjust Enrichment Claims Doomed by Variation in State Law and Need for Individual Inquiries

This guest post was authored by our colleague Jennifer E. Canfield, an associate in Montgomery McCracken’s Litigation Department and a member of its Class Action Defense practice group. Her practice focuses on defense of consumer class actions, commercial litigation and appellate litigation. She can be… Read More

Mar 20

When Does a Hack Become a Compensable Harm in Federal Court?

This guest post was co-authored by Montgomery McCracken partner Michael B. Hayes and associate David F. Herman, both of the firm’s Litigation Department. Michael can be reached at 215.772.7211 or at mhayes@mmwr.com. David can be reached at 215.772.7614 or at dherman@mmwr.com. No business wants to… Read More

Feb 26

Reminder: TCPA Webinar: Today, 12 – 1 p.m. (EST) — Sign Up Now

Just a reminder that there’s still time to register for today’s webinar, “Telephone Consumer Protection Act Update: The Year in Review and Trends for 2015.” As many of you are likely aware, the TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone… Read More

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Feb 17

Second Circuit Says Comcast Does Not Bar Class Certification When Damages Require Individual Proof

Last week the Second Circuit joined a number of other circuits in ruling that the Supreme Court’s decision in Comcast Corp. v. Behrend, 569 U.S. ___, 133 S. Ct. 1426 (2013), does not require plaintiffs seeking class certification under Rule 23(b)(3) to show that damages… Read More

Feb 11

Will the Seventh Circuit Weigh in on Ascertainability in TCPA Cases?

This guest post was authored by our colleague Jennifer E. Canfield, an associate in Montgomery McCracken’s Litigation Department and a member of its Class Action Defense practice group. Her practice focuses on defense of consumer class actions, commercial litigation and appellate litigation. She can be… Read More

Feb 03

Text to Vote: A Cautionary Tale for SMS Marketing Under the TCPA

Promotional text messaging, especially in the sports industry, is growing in popularity. More and more sports teams and advertisers are reaching sports fans through their mobile devices. As most companies know by now, the FCC rules implementing the Telephone Consumer Protection Act apply to promotional… 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

Dec 15

Is Your Industry Ripe for Noncompliance Under the Fair Labor Standards Act?

Recently, the U.S. Department of Labor found that Marcellus Shale oil and gas contractors violated the Fair Labor Standards Act (FLSA), which resulted in the contractors agreeing to pay nearly $4.5 million in back wages to approximately 5,000 employees. According to the Labor Department, most… Read More

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Dec 11

Time Spent Going Through Security Screenings Is Not Compensable Under Fair Labor Standards Act

The Supreme Court decided on Tuesday of this week that the federal Fair Labor Standards Act (“FLSA”) does not require an employer to compensate employees for time spent waiting in line and then going through security screenings at the end of their work shift each… Read More