News & Analysis as of

Summary Judgment Class Certification Putative Class Actions

Pierce Atwood LLP

First Circuit Revives Privacy Class Action Based on Injury and Predominance

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This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

King & Spalding

Northern District of California Denies Summary Judgment to, and Certifies Class in Case Against, Bank Alleged to Have Aided and...

King & Spalding on

On December 16, 2022, the U.S. District Court for the Northern California denied Umpqua Bank’s motion for summary judgment and granted class certification in a case asserting investors’ claims that certain bank employees...more

King & Spalding

California Federal Court Grants Summary Judgment to Auto Manufacturer After Striking Plaintiffs’ Damages Expert Due to Faulty...

King & Spalding on

On September 11, the Central District of California granted summary judgment in a putative class action involving an alleged defect in Honda vehicles. The court’s order provides a thorough dissection of the methodological...more

Vedder Price

TCPA Case Law Review (Vol. 8)

Vedder Price on

Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

Mintz

TCPA Class Action Update – December 2018

Mintz on

Spotlight on Consent: Individualized Questions of Consent Preclude Class Certification - Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should...more

Womble Bond Dickinson

No Way Intervention: Court holds that TCPA Defendant Waived One-Way Intervention Protections By Failing to Alert the Court to the...

Womble Bond Dickinson on

The Bad Reyes saga just keeps on getting worse for TCPA defendants. In a decision entered today, the Court has found that the Defendant waived its one-way intervention protections by doing nothing more than failing to...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

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REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Goodwin

District of New Jersey Grants Summary Judgment and Strikes Class Allegations in TCPA Case

Goodwin on

Last week, the District of New Jersey issued a noteworthy opinion in a putative TCPA class action against TD Bank and Target. In Martinez v. TD Bank USA, N.A. et al., 2017 WL 2829601 (D.N.J. June 30, 2017), the court held...more

Benesch

Credit Adjustments, Inc. Defeats Putative TCPA Class Action

Benesch on

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Robinson & Cole LLP

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Carlton Fields

Eighth Circuit Affirms Pre-Certification, Pre-Merits Discovery Summary Judgment

Carlton Fields on

The Eighth Circuit affirmed a pre-certification summary judgment in favor of Bridgestone Retail Operations in a putative class action where the Plaintiff alleged that in connection with vehicle repairs Bridgestone had...more

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