Federal Court Saves Millions of Smart Phone Users from TCPA Liability
For the first time, a federal court has clarified that the Telephone Consumer Protection Act (“TCPA”) bars the improper use of an automatic telephone dialing system or ATDS. Sterk v. Path, Inc., 2014 WL 2443785 (N.D. Ill. May 30, 2014). It is not enough just… Read More
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
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
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
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
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
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
Categories
Class ActionsSupreme 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
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