Key Points -
Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes...more
• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system.
• While numerous courts have ruled that a party...more
9/6/2018
/ Auto-Dialed Calls ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Dish Network ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
• The DOJ has streamlined its process for reviewing CAFA settlement notices.
• The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more
• The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a securities fraud claim alleging that Yelp fraudulently inflated its stock price by misleading investors about its practices concerning the business...more
11/29/2017
/ Appeals ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Federal Trade Commission (FTC) ,
Investors ,
Loss Causation ,
Misleading Statements ,
Online Reviews ,
Price Inflation ,
Scienter ,
Securities Fraud ,
Stock Prices ,
Yelp
Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more
9/20/2017
/ Arbitration Agreements ,
Article III ,
Ascertainable Class ,
Campbell Ewald v Gomez ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FRCP 23 ,
Injury-in-Fact ,
Mootness ,
Offer of Judgment ,
Popular ,
Proposed Legislation ,
Settlement Offer ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
The Fairness in Class Action Litigation Act of 2015
On July 7, in In re Petrobras Securities, the 2nd Circuit declined to adopt an independent “administrative feasibility” requirement for class certification under Rule 23. In so holding, the 2nd Circuit joined the 6th, 7th,...more
7/14/2017
/ Administrative Feasibility ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Petrobras ,
Predominance Requirement ,
Securities Litigation ,
Split of Authority
Key Points -
- The U.S. Court of Appeals for the 9th Circuit joined the 6th, 7th, and 8th Circuits in declining to adopt an “administrative feasibility” requirement for plaintiffs seeking to certify a class under...more
Key Points
- The U.S. Court of Appeals for the 2nd Circuit recently held that district courts have the power to decertify a class even after a jury verdict in favor of the class...more
7/22/2016
/ Abuse of Discretion ,
Class Certification ,
Corporate Counsel ,
Decertify ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Late Fees ,
Loan Servicer ,
Mortgages ,
Privity of Contract ,
The Money Store