Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more
6/4/2019
/ Article III ,
Class Action ,
Class Certification ,
Class Members ,
Dish Network ,
Do Not Call List ,
Invasion of Privacy ,
Settlement ,
Standing ,
TCPA ,
Telemarketing
In China Agritech, Inc. v. Resh, the Supreme Court earlier this month held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive...more
6/22/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
In China Agritech, Inc. v. Resh, the Supreme Court recently held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive class...more
6/14/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more
3/16/2018
/ Article III ,
Class Certification ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
FRCP 23(b)(3) ,
GEICO ,
Hiring & Firing ,
Predominance Requirement ,
Putative Class Actions ,
Regulatory Violations ,
Standing
On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA). The...more
7/16/2015
/ Auto-Dialed Calls ,
Class Certification ,
Corporate Counsel ,
Declaratory Rulings ,
FCC ,
Mobile Apps ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Text Messages ,
Third-Party ,
Totality of Circumstances Test
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour...more
6/11/2015
/ Actual Injuries ,
Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Damages ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 23(b)(3) ,
Off-The-Clock ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
Today, the U.S. Supreme Court agreed to hear an appeal challenging an almost $6 million judgment awarded in a class action case against Tyson Foods, Inc. See Bouaphakeo, et al. v. Tyson Foods, Inc., No, 12-3753 (8th Cir....more