Law School Toolbox Podcast Episode 406: Listen and Learn -- Defenses to a Crime
Voluntary Payment Doctrine
Making Effective Use of the Claims/Disputes Process
FCPA Compliance and Ethics Report-Episode 12 with David Simon and Bill Athanas on adding a compliance defense to the FCPA
A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it applies to both affirmative claims and...more
A statutory “safe harbor” within the Telephone Consumer Protection Act (TCPA) may have become a bit safer after a federal court reinforced what defendants must do to secure statutory protection from high-dollar TCPA lawsuits....more
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more
Just when you thought litigating Telephone Consumer Protection Act (TCPA) class actions was as unsafe as it could get for defendants, the Ninth Circuit said, “Not so fast.” In McKesson v. True Health, two chiropractic...more
In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more
Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more
As the Baron reported last month, we’ve seen a recent trend in which plaintiffs have been using their own lack of Article III standing as a means to avoid federal jurisdiction. Yet again, we have another culprit… this time, a...more
On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more
On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more
The important TCPA cases keep rolling in. Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. ...more