News & Analysis as of

Motion for Summary Judgment Statutory Interpretation

Adams & Reese

Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment

Adams & Reese on

Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them...more

Faegre Drinker Biddle & Reath LLP

Southern District of Florida Court Holds that TCPA Plaintiff is Not the “Called-Party” Due to Call Forwarding

A court in the Southern District of Florida recently held that the plaintiff in a TCPA suit was not the “called party” under the statute because he received the calls in question only because his cousin rerouted them to the...more

Faegre Drinker Biddle & Reath LLP

Court Holds That Text-Messaging System Must Be Able to Randomly or Sequentially Generate Numbers to Qualify as an ATDS

The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more

Womble Bond Dickinson

Another Defendant Falls Victim to Marks' Broad Definition of an ATDS

Womble Bond Dickinson on

The Marks decision gets stronger by the day. In a recent case out of the District Court for the Eastern District of California, a judge applied the Marks definition of an ATDS and granted the plaintiff’s motion for summary...more

Womble Bond Dickinson

TCPA Disaster: Court Finds Manual Call May Still Violate the TCPA If It Occurred On Equipment That Has the Capacity to Dial...

Womble Bond Dickinson on

As the battle over the definition of an ATDS continues throughout the nation, a District Court in Virginia just entered the fight with a dagger. In Morgan v. On Deck Capital, Case No. 3:17-CV-00045, 2019 U.S. Dist. LEXIS...more

Womble Bond Dickinson

Coming Up Short: Court Denies Summary Judgment on ATDS use in TCPA Class Action Due to Evidentiary Shortcomings

Womble Bond Dickinson on

A magistrate judge in the Southern District of Florida has recommended that the Defendant’s motion for summary judgment based upon ATDS use be denied. Fortunately, this isn’t a Marks effect case. In fact, the legal definition...more

Womble Bond Dickinson

Southern District of California Enters the Ring in the Fight Over Post-ACA Int’l ATDS Definition

Womble Bond Dickinson on

As promised, we are continuing to keep a close eye on the certified TCPA class action case out of the Southern District of California, O’Shea v. American Solar Solution, Inc. And as expected, the inconsistent decisions on the...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide