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Class Action › Motion to Dismiss › Opt-Outs

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

Burr & Forman on

After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Cornerstone Research

Opt-Outs in Securities Class Action Settlements More Likely in Recent Years, Especially for Large and Complex Cases

Cornerstone Research on

The percentage of securities class action settlements with at least one putative class member opting out has increased in recent years, according to a new report by Cornerstone Research in conjunction with Latham & Watkins...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Holds that SLUSA Does Not Preclude Class Action Opt-Outs from Pursuing Individual Actions

Sheppard Mullin Richter & Hampton LLP on

In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit reversed a New Jersey district court...more

Burr & Forman

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

Burr & Forman on

St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

Mintz - Securities Litigation Viewpoints

UPDATE: Challenges to Standing of Petrobras Opt-Out Plaintiffs Denied

Mintz - Securities Litigation Viewpoints on

As a follow-up to our October 15 discussion about challenges to the standing of certain opt-out plaintiffs in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation, Judge Rakoff has...more

Mintz - Securities Litigation Viewpoints

Standing of Petrobras Opt-Out Plaintiffs Challenged

Mintz - Securities Litigation Viewpoints on

A recent motion to dismiss filed by the defendants in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation challenges the standing of several institutional opt-out plaintiffs. ...more

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