News & Analysis as of

Putative Class Actions Summary Judgment

Faegre Drinker Biddle & Reath LLP

Texas Federal Court Finds Prerecorded Calls to Schedule Pest Inspections Were Informational, Not Telemarketing

A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v....more

Proskauer - Advertising Law

What’s in a Word? The Legal Battle over “Natural” in False Advertising

While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts towards such lawsuits, particularly where plaintiffs fail to adequately...more

Proskauer - Law and the Workplace

Second Circuit Vacates Ruling on WARN Act Notice Claims

On May 15, 2023, the Second Circuit vacated the entry of summary judgment on Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 et seq. (collectively, the “WARN Acts”) claims, holding that a...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

King & Spalding

Northern District of California Denies Summary Judgment to, and Certifies Class in Case Against, Bank Alleged to Have Aided and...

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On December 16, 2022, the U.S. District Court for the Northern California denied Umpqua Bank’s motion for summary judgment and granted class certification in a case asserting investors’ claims that certain bank employees...more

Holland & Knight LLP

Western District of Washington Ruling Breathes Life into TCPA Safe Harbor Provision

Holland & Knight LLP on

In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of...more

King & Spalding

Pennsylvania and Florida Federal Courts Limit Reach of Wiretapping Statutes

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On June 16, 2021, the Western District of Pennsylvania granted summary judgment on a state wiretapping claim brought by a putative class of users of an e-commerce website based on that website’s use of a third-party tracking...more

Goodwin

In First Ever SEC Sanction For Allegedly Misleading Covid Related Disclosures, Cheesecake Factory Pays $125,000 Civil Penalty

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In First Ever SEC Sanction for Allegedly Misleading COVID Related Disclosures, Cheesecake Factory Pays $125,000 Civil Penalty; New York State Appellate Court Dismisses Putative Securities Act Class Action on Merits for First...more

King & Spalding

California Federal Court Grants Summary Judgment to Auto Manufacturer After Striking Plaintiffs’ Damages Expert Due to Faulty...

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On September 11, the Central District of California granted summary judgment in a putative class action involving an alleged defect in Honda vehicles. The court’s order provides a thorough dissection of the methodological...more

King & Spalding

Ninth Circuit Affirms Summary Judgment in Fraudulent Omission Class Action Based on Plaintiffs’ Failure to Present Evidence of...

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On June 18, the Ninth Circuit affirmed the Central District of California’s grant of summary judgment on claims asserted against Unilever by various putative classes of consumers who purchased St. Ives facial cleanser. The...more

Troutman Pepper

10 Key FCRA Decisions and Why Companies Should Care About Them

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The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more

Holland & Knight LLP

Court Pares Down Claims by ESOP Participants Against Company Directors, Selling Shareholders

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The U.S. District Court for the Northern District of California entered summary judgment on July 6, 2020, in favor of defendants who sold stock to an employee stock ownership plan (ESOP) and faced liability under the Employee...more

Womble Bond Dickinson

Chief Judge Refuses to Dismiss TCPA Class Action Against Donald Trump Campaign

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Three individuals have sued Donald J. Trump for President, Inc. (the “Campaign”) in a class action for alleged violations of the TCPA. Pederson v. Donald J. Trump for President, Inc., No. CV 19-2735 (JRT/HB), 2020 WL 3047779...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

Greenberg Glusker LLP on

Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

King & Spalding

District Court Grants Summary Judgment to Ford in Case Involving Allegedly Defective Sunroofs, Holding that the Low Incident Rate...

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On February 11, 2020, the U.S. District Court for the Western District of Washington granted Ford’s motion for summary judgment on the plaintiff’s fraud and consumer protection claims, concluding that the plaintiff had not...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - Oregon Sens. Request Changes To USDA Hemp Rule - In a letter to the U.S. Department of Agriculture (USDA), Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have requested changes...more

Bass, Berry & Sims PLC

Chris Lazarini Reviews Whether a Rule Violation Supports a Breach of Contract Claim

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini reviewed a putative class case filed against a brokerage firm alleging that the firm breached its client agreement by purchasing risky reverse convertible notes (RCNs) for clients...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

Katten Muchin Rosenman LLP

Bridging The Week - September 2019

A clearing organization for futures and securities was sanctioned US $20 million in aggregate by the Commodity Futures Trading Commission and the Securities and Exchange Commission for allegedly not having and following...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

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The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

Vedder Price

TCPA Case Law Review (Vol. 8)

Vedder Price on

Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False...

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more

White and Williams LLP

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Yesterday January 3, 2019, the U.S. Court of Appeals for the Eighth Circuit held that an insurer had provided adequate notice of the Distribution of Material exclusion in a renewal policy to make the exclusion enforceable in...more

Manatt, Phelps & Phillips, LLP

Manatt’s Continuing Coverage of Significant Post-ACA International Developments - December 2018

As we have previously reported, the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

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Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

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