Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)
Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)
Bar Exam Toolbox Podcast Episode 145: Listen and Learn -- Permissive Joinder and Required Joinder
Law School Toolbox Podcast Episode 263: Listen and Learn -- Subject Matter Jurisdiction
Bar Exam Toolbox Podcast Episode 92: Listen and Learn -- Subject Matter Jurisdiction
Bar Exam Toolbox Podcast Episode 72: Tackling a California Bar Exam Essay: Civil Procedure
An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more
The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal...more
Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more
Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a Telephone Consumer Protection Act (TCPA) plaintiff’s...more
The Eastern District of Texas recently dismissed a plaintiff’s TCPA claim in Cunningham v. Matrix Financial Services, LLC, No. 4:29-cv-896 (E.D. Tex. Mar. 31, 2021) for lack of subject matter jurisdiction. This decision...more
The Southern District of Florida recently remanded a case back to state court because the defendant that removed the case failed to establish that plaintiff suffered an Article III injury. Harris v. Travel Resorts of America,...more
In Cunningham v. Lester, —F.3d—, 2021 WL 821467 (4th Cir. Mar. 4, 2021), the Fourth Circuit reiterated that the doctrine of sovereign immunity is alive and well and very much applicable to putative TCPA claims, and that...more
Recently, the Eastern District of Missouri added to the split among courts deciding whether they can hear TCPA claims alleging robocall violations that occurred when the now-invalidated government debt exception was part of...more
Confusion continues amongst federal district courts in the wake of Barr v. American Association of Political Consultants, Inc. (“AAPC”), 140 S. Ct. 2335 (2020), the Supreme Court decision that held the TCPA’s government-debt...more
In the aftermath of Barr v. American Association of Political Consultants, Inc.—the Supreme Court decision from July that held the TCPA’s government-debt exception to be an unconstitutional content-based restriction on...more
As we have reported... a growing number of district courts are issuing opinions addressing whether they have subject matter jurisdiction over TCPA claims alleging robocall violations that occurred when the government debt...more
The Southern District of Florida recently dismissed a TCPA claim sua sponte for lack of subject matter jurisdiction, finding that the plaintiff had not alleged a concrete injury-in-fact. See Perez v. Golden Trust Insurance,...more
Lidenbaum v. Realgy, LLC, 2020 WL 6361915 (N.D. Ohio Oct. 29, 2020) - Pending before the Court was a class action lawsuit, contending Defendants violated the Telephone Consumer Protection Act, 47 § U.S.C. 227 (“TCPA”)....more
On September 28, 2020, Judge Martin C. Feldman of the United States District Court for the Eastern District of Louisiana issued an important decision that could impact Telephone Consumer Protection Act (TCPA) litigation...more
In Stacy Creasy, et al. v. Charter Communications, Inc., No. CV 20-1199, 2020 WL 5761117 (E.D. La. Sept. 28, 2020) (Creasy), a putative class action, the plaintiffs accused defendant Charter Communications, Inc. of repeatedly...more
In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more
Earlier this year, the Supreme Court in China Agritech Inc. v. Resh conclusively established that equitable tolling of the statute of limitations for putative class members – known as American Pipe tolling – applies only to...more
We reported last month on a case where a defendant had moved to dismiss a plaintiff’s TCPA claim based on lack of Article III standing, only to end up back in the state court from which the case was removed. And just as Jay...more
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
From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more
Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more
After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff...more
As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full...more
On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully...more
On April 6, 2016, the Third Circuit, in Weitzner v. Sanofi Pasteur, Inc., considered whether an offer of judgment under Federal Rule of Civil Procedure 68 moots a plaintiff’s entire action, including class claims, thereby...more