David Krueger

David Krueger

Benesch

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Thanks Obama (For America)! Single Defendant’s Offer Of Judgment Does Not Moot Claim Seeking Relief from Multiple Defendants

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in...more

11/25/2014 - Barack Obama Cell Phones Mootness Offer of Judgment Political Campaigns Putative Class Actions Robocalling Subject Matter Jurisdiction TCPA Unsolicited Phone Calls

Ohio’s Sixth District Reverses Order Granting Class Certification

In Gordon v. Erie Islands Resort & Marina, 6th Dist. No. OT-13-040, 2014-Ohio-4970, the Court of Appeals for the Sixth District of Ohio reversed an order granting class certification on the grounds that the trial court failed...more

11/24/2014 - Appeals Class Action Class Certification Real Estate Investments Reversal Tenancy-in-Common

“Shell” Motion For Class Certification Does Not Prevent Offer Of Judgment

The First District of Illinois recently issued a significant decision holding that a “shell” motion for class certification, filed concurrently with a complaint, does not preclude a defendant from making an offer of judgment...more

11/21/2014 - Class Action Class Certification Offer of Judgment TCPA Unsolicited Faxes

Skinnygirl Squeezes Past Class Action For Deceptive Advertising

Amy Langendorf alleged that Skinnygirl Margarita, a pre-mixed alcoholic beverage, contains the non-natural preservative sodium benzoate, rendering the product’s “all natural” label false and misleading. Langendorf filed suit...more

11/7/2014 - Ascertainable Class Labeling Putative Class Actions Skinnygirl Margarita Wine & Alcohol

Sixth Circuit: Attempt To Collect Statutory Interest Violates FDCPA If Displaced By Contract

In Stratton v. Portfolio Recovery Assoc., LLC, No. 13-6574 (6th Cir. Oct. 24, 2014), the Sixth Circuit reversed dismissal of a putative class action, holding a party’s waiver of statutory interest in favor of a different...more

11/7/2014 - Contract Terms Debt Buyers FDCPA Interest Payments Interest Rates Putative Class Actions

Sender Of Faxes May Be Directly Liable For TCPA Violations

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the...more

11/4/2014 - Advertising Faxes Putative Class Actions TCPA Third-Party Risk Unsolicited Faxes Vicarious Liability

District Court Rejects FCC’s Expansive Definition Of ATDS In Putative TCPA Class Action

In Marks v. Crunch San Diego, LLC, No. 14-cv-00348 (S.D. Cal. Oct. 23, 2014), the Southern District California granted summary judgment in favor of Crunch San Diego, LLC (“Crunch”) in a putative class action alleging that...more

10/31/2014 - ATDS Class Action FCC Putative Class Actions Robocalling TCPA

Third-Party Provider Of Customer Service Falls Within Exception To Video Privacy Protection Act

The Seventh Circuit Court of Appeals affirmed summary judgment in favor of Redbox Automated Retailer (“Redbox”), in a suit alleging that Redbox violated the Video Privacy Protection Act, 18 U.S.C. § 2710 (“VPPA”). Sterk v....more

10/30/2014 - Appeals Personally Identifiable Information Redbox Summary Judgment Third-Party Relationships VPPA

Cartoon Network Defeats Video Privacy Class Action

In Ellis v. Cartoon Network, Inc., No. 14-cv-00484 (N.D. Ga. Oct. 8, 2014), the Northern District of Georgia recently granted a motion to dismiss a putative class action filed against Cartoon Network for alleged violations of...more

10/29/2014 - Cartoon Network Dismissals Personally Identifiable Information Putative Class Actions Television Broadcast Stations VPPA

Affirmative “Motion To Deny Class Certification” Granted Due To Conflicting State Consumer Protection Laws

Amy Coe filed a putative class action against Philips Oral Healthcare, Inc. (“Philips”), alleging that several of the defendant’s vibrating toothbrushes were defective and failed to perform as advertised. Coe v. Philips Oral...more

10/28/2014 - Class Action Class Certification

Settlement of Junk Fax Class Action Denied Due to Likelihood of Low Payout to Class Members

In Small v. Target Corp., No. 13-cv-01509 (D. Minn. Oct. 8, 2014), the District Court recently denied preliminary approval of a class action settlement due to concerns regarding the use of a “reverter” provision in the...more

10/21/2014 - Class Action Faxes FCC Settlement Target TCPA Unsolicited Faxes

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative...more

9/16/2014 - Advertising Advertising Injury Ascertainable Class Class Action Class Certification Clorox Putative Class Actions

Lack of Ascertainability Sinks Another Weight Loss Class Action

In Karhu v. Vital Pharm., Inc., No. 13-60768-CIV (S.D. Fla. July 17, 2014), the Southern District of Florida denied a plaintiff’s request for reconsideration of the Court’s order denying class certification. In Karhu, the...more

9/8/2014 - Class Action Class Certification Pharmaceutical Pharmaceutical Manufacturers Weight-Loss Products

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

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