David Krueger

David Krueger

Benesch

Contact  |  View Bio  |  RSS

Latest Publications

Share:

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

8/18/2014 - Antitrust Provisions Brand Class Action Compliance FCRA Shipping Trademarks

Ninth Circuit Court of Appeals TCPA Ruling: Thomas v. Taco Bell Corporation

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. June 6, 2014), the Ninth Circuit Court of Appeals affirmed summary judgment in favor of Defendant Taco Bell Corporation, holding that Taco Bell could not be held liable as...more

7/14/2014 - Advertising Corporate Counsel Liability Taco Bell TCPA Text Messages Vicarious Liability

District Court Strikes Overly Broad TCPA Class Definition: the Claim of a “Wrong Party” Called is Atypical of the Claims of...

In Buonomo v. Optimum Outcomes, Inc., No. 13-cv-5274 (N.D. Ill. March 17, 2014), the United States District Court for the Northern District of Illinois granted a partial motion to strike class action allegations alleging...more

3/21/2014 - Class Action Debt Collection Debtors FDCPA TCPA

District Court Denies Class Certification and Grants Partial Summary Judgment in Favor of DISH Network L.L.C. in Telemarketing...

CLEVELAND, OH – February 25, 2014 –Benesch achieved a significant victory for DISH Network L.L.C. when the Federal District Court in Denver, Colorado issued an order and an opinion denying the Plaintiff’s Motion for Class...more

3/3/2014 - Dish Network Summary Judgment TCPA Telemarketing

Can Absence of Price Impact Defeat Class Certification? Supreme Court to Decide

Can a corporation defending against a stock fraud class action defeat class certification by using evidence that its actions had no effect on the stock’s price? In Halliburton Co. v. Erica P. John Fund, Inc., Docket No....more

2/10/2014 - Basic v Levinson Class Certification Fraud-on-the-Market Halliburton v Erica P. John Fund Predominance Requirement Rule 23 Rule 23(b)(3) Securities Fraud Securities Litigation Shareholder Litigation

Defendant-Business Not Vicariously Liable For Third-Party B2B’s Unsolicited Fax Advertisements In Putative TCPA Class Action

In Palm Beach Gold Center-Boca, Inc. v. Sarris, No. 12-80178, 2013 U.S. Dist. LEXIS 155912 (S.D. Fla. Oct. 22, 2013), the United States District Court for the Southern District of Florida recently granted summary judgment in...more

11/25/2013 - Class Action Dentists Dish Network Faxes Independent Contractors Standing TCPA Vicarious Liability

Ohio Supreme Court Adopts Comcast and Wal-Mart Standards For Class Certification; Reverses Class Certification Due To...

Last week, the Ohio Supreme Court denied class certification in Cullen v. State Farm Mutual Automobile Insurance Company, Slip Opinion No. 2013-Ohio-4733 (Nov. 5 , 2013). In a 5-2 decision, the Court overruled the trial and...more

11/19/2013 - Class Action Class Certification Comcast Comcast v. Behrend Declaratory Relief Dukes v Wal-Mart Duty to Disclose Insurers Rule 23 Rule 23(b)(3) State Farm Wal-Mart

SCOTUS Considers the Fate of State AG Lawsuits under CAFA in Mississippi v. AU Optronics Corp.

On November 6, 2013, the Supreme Court of the United States heard arguments in Mississippi v. AU Optronics Corp., Docket No. 12-1036. This case comes out of the United States Court of Appeals for the Fifth Circuit and...more

11/14/2013 - AU Optronics Corp CAFA Consumer Protection Act Diversity Jurisdiction Parens Patriae Removal SCOTUS

Sixth Circuit Holds That Whether An Arbitration Agreement Compels Classwide Arbitration Is A “Gateway Issue” For Court To Decide

In Reed Elsevier, Inc. v. Crockett, No. 12-3574 (6th Cir. Nov. 5, 2013), the Sixth Circuit held that whether an arbitration agreement permits arbitration of a class action is a “gateway” issue to be decided by the courts and...more

11/7/2013 - Arbitration Agreements Class Arbitration Due Process

No Discount on Plaintiff’s Burden Under Rule 23(b)(3); Third Circuit Vacates Certification Decision Against Wal-Mart Due to...

In Hayes v. Wal-Mart Stores, Inc., No. 12-2522 (3d Cir. Aug. 2, 2013), the Third Circuit took the opportunity to elaborate and articulate on the ascertainability standard under Fed.R.Civ.P. 23(b)(3). In Hayes, the plaintiff...more

9/3/2013 - Ascertainable Class Breach of Contract Burden of Proof Consumer Fraud Preponderance of the Evidence Rule 23(b)(3) Unjust Enrichment Wal-Mart

10 Results
|
View per page
Page: of 1