The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The concept of “ascertainability” serves as an important arrow in the quiver of a defendant seeking to prevent certification of a putative class action in federal court. Recently, the issue of what a plaintiff must...more
It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more
A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff...more
The 7th Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir. Plaintiffs' lawyers are citing it as the antidote to the 3rd Circuit's recent line of cases on the implied requirement...more
It’s a pattern repeated in millions of households every day: you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt. You may throw the receipt away immediately, you may throw...more
On June 13, 2014, U.S. District Judge Charles R. Breyer of the Northern District of California, issued an order denying class certification to a putative class of consumers who had purchased ConAgra food products labeled as...more
On May 2nd, the Third Circuit declined to rehear en banc its 2013 decision to reverse class certification in Carrera v. Bayer Corp, which created a big hurdle for would-be plaintiffs bringing suit in New Jersey, Pennsylvania...more