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Class Representatives Telephone Consumer Protection Act Corporate Counsel

Eversheds Sutherland (US) LLP

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

Ballard Spahr LLP

Eleventh Circuit Eliminates Incentive Awards for Class Action Plaintiffs

Ballard Spahr LLP on

In a split decision, the Eleventh Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits...more

Seyfarth Shaw LLP

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

Seyfarth Shaw LLP on

Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the...more

Morrison & Foerster LLP - Class Dismissed

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully...more

Benesch

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

Benesch on

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

Troutman Pepper

It Is Not All Bad News from the Supreme Court in Campbell-Ewald v. Gomez

Troutman Pepper on

In a recent clash between contract principles and the mootness doctrine, contract principles won. Relying on traditional contract principles, the U.S. Supreme Court issued a 6–3 decision on January 20, holding that an...more

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