Brynne Madway

Brynne Madway

Drinker Biddle & Reath LLP

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Latest Publications


Third Circuit Wraps Up Chocolate Price-Fixing Case

On September 15, 2015, the United States Court of Appeals for the Third Circuit affirmed the district court’s summary judgment decision in In re Chocolate Confectionary Antitrust Litigation, which we reported on last year....more

9/30/2015 - Antitrust Litigation Appeals Canada Food Manufacturers Price-Fixing Summary Judgment

Common Sense Rulings on the Meaning of “Prior Express Consent”

On August 20, 2015, the United States Court of Appeals for the Eleventh Circuit issued an opinion in Murphy v. DCI Biologicals Orlando, LLC, No. 14-10414, 2015 U.S. App. LEXIS 14632 (11th Cir. Aug. 20, 2015), affirming an...more

9/1/2015 - Appeals Dismissals FCC Hobbs Act Jurisdiction Prior Express Consent TCPA

Web Messaging Platforms After The FCC’s Declaratory Ruling

While various petitioners are challenging the FCC’s July 10, 2015 Declaratory Ruling before the D.C. Circuit, a recent district court decision is one of the first to address its impact on a pending TCPA claim. See Luna v....more

8/27/2015 - ATDS Auto-Dialed Calls Declaratory Rulings FCC TCPA Text Messages

Centralization – When Is It an Option?

On Friday August 7, 2015, the Judicial Panel on Multidistrict Litigation (the “Panel”) issued four decisions in pending TCPA cases: In re Holiday Cruise Line Tel. Consumer Prot. Act (TCPA) Litig., MDL No. 2637, 2015 U.S....more

8/20/2015 - Appeals FCC Motion To Centralize Multidistrict Litigation TCPA

Take Care When Crafting an Offer of Judgment

In Compressor Eng’g Corp. v. Thomas, Case No. 10-10059, 2015 U.S. Dist. LEXIS 20079 (E.D. Mich. Feb. 19, 2015), Defendant Charles Thomas Jr. sought to moot the claim of Plaintiff Compressor Engineering Corporation...more

3/19/2015 - Class Action Offer of Judgment TCPA

Fail-Safe Class Fails in the Eastern District of Pennsylvania

In Zarichny v. Complete Payment Recovery Servs., Civ. No. 14-3197, 2015 U.S. Dist. LEXIS 6556 (Jan. 21, 2015), Plaintiff Sandra Zarichny attempted to bring a class action on behalf of two classes against defendants Fidelity...more

2/3/2015 - Ascertainable Class Class Action Debt Collection FDCPA TCPA

You Still Can’t Violate the FDCPA by Complying With It…

In Gomez v. Oxford Law, 3:14-cv-00477, 2015 U.S. Dist. LEXIS 345, * 3 (M.D. Pa. Jan. 5, 2014), Ninouska Gomez filed suit under the Fair Debt Collection Practices Act (the “FDCPA”) after receiving a message from Oxford Law,...more

1/21/2015 - Debt Collection Debt Collectors FDCPA Judgment on the Pleadings Private Right of Action Robocalling TCPA

Capital One Agrees to $75 Million TCPA Settlement

Capital One and three collections agencies recently announced the largest proposed cash settlement in TCPA history – $75.5 million. This is more than double the amount of the prior record – a $32 million settlement from Bank...more

8/12/2014 - ATDS Capital One Collection Agencies Settlement TCPA Telemarketing

Cybersecurity: Litigation, Crime & Enforcement

On December 19, 2013, Target publicly announced it had experienced a data security breach via malware installed on its point-of-sale network. Forty million customer credit and debit card numbers, encrypted PINs, and CVV codes...more

7/7/2014 - Credit Cards Cybersecurity Data Breach Data Protection Debit Cards Popular Target

Recent Supreme Court Decision Gives Competitor False Advertising Claims Added Juice

The U.S. Supreme Court recently issued an opinion that could have important consequences for lawsuits between competitors in the food and beverage industry and for manufacturers’ evaluation of their product labels, but the...more

6/18/2014 - Advertising Class Action Coca Cola False Advertising FDA FDCA Food Labeling Lanham Act POM Wonderful POM Wonderful v Coca Cola Popular SCOTUS

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