In Nielen-Thomas v. Concorde Investment Servs., LLC, No. 18-2875, 2019 WL 302766 (7th Cir. Jan. 24, 2019), the United States Court of Appeals for the Seventh Circuit held that the Securities Litigation Uniform Standards Act...more
1/30/2019
/ Appeals ,
Class Action ,
Class Members ,
De Novo Standard of Review ,
Dismissals ,
Investment Adviser ,
Investment Management ,
Misrepresentation ,
Putative Class Actions ,
Securities Litigation ,
Securities Transactions ,
SLUSA ,
State Law Claims
On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more
11/16/2018
/ Advertising ,
Appeals ,
Chevron Deference ,
Corporate Counsel ,
Dismissals ,
FCC ,
Hobbs Act ,
Motion to Dismiss ,
Putative Class Actions ,
Reversal ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Unsolicited Faxes
In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were...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
3/1/2018
/ Article III ,
Ascertainable Class ,
Attorney's Fees ,
Cell Phones ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Credit Unions ,
Declaratory Rulings ,
Equitable Relief ,
FCC ,
Federal Rule 12(b)(1) ,
FRCP 23 ,
Motion to Dismiss ,
Petition for Writ of Certiorari ,
Predominance Requirement ,
Prior Express Consent ,
Putative Class Actions ,
Robocalling ,
Spokeo v Robins ,
Standing ,
Subject Matter Jurisdiction ,
Summary Judgment ,
Superiority Claims ,
TCPA ,
Text Messages ,
The Fairness in Class Action Litigation Act of 2015 ,
Vaccinations ,
Written Consent
On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer of judgment sufficient...more