Highlights from this issue include:
- Numerosity Requirement for Settlements. The U.S. District Court for the Northern District of West Virginia denied a motion for final approval of a class action settlement against the City of Morgantown over the city's decision to enforce an anti-panhandling ordinance because the evidence showed the proposed class likely contained only 15 total persons and was thus “well short of the typical bright line threshold” to satisfy the numerosity requirement.
- Telephone Consumer Protection Act. The U.S. District Court for the Central District of California denied a renewed motion for class certification in a case alleging a company violated the Telephone Consumer Protection Act by making telemarketing calls to prospective real estate investors. The class failed the typicality requirement because the plaintiffs arguably invited the calls at issue and had credibility issues, the court ruled.
