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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

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

Mar 05

Supreme Court Denies Cert. in Front-Loading Washer Cases

On February 24, 2014, after re-listing the cases for multiple conferences, the Supreme Court denied certiorari in three front-loading washer cases that many felt gave the Court an opportunity to provide guidance on Rule 23(b)(3)’s predominance requirement.  The cases also presented the question of how… Read More

Dec 04

Fifth Circuit Reverses NLRB re: Class Action Waivers in Employment Arbitration Agreements

This guest post was authored by our colleague Daniel P. O’Meara, partner and chair of the firm’s Labor & Employment practice. Dan’s twenty-five years of experience include employment litigation, labor relations and preventive human resource practices. He can be reached at domeara@mmwr.com or 610.889.2215. The… Read More

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Nov 22

Supreme Court to Address Fraud-on-the-Market Presumption in Securities Fraud Cases

The Supreme Court granted certiorari last Friday in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317—a case the Court had before it once already in 2011, but this time presents the questions (1) whether the Court should overrule or substantially modify the holding… 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

Nov 11

Canada Allows Antitrust Indirect-Purchaser Suits and Loosens Class Certification Tests

Canada’s Supreme Court, in three decisions announced on October 31, parted ways with the U.S. Supreme Court on antitrust indirect-purchaser suits and the standards for class certification.  Under these decisions, Canadian consumers who buy from a store or dealer can sue an upstream manufacturer for… 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

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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