The TCPA has long been a breeding ground for innovative and aggressive plaintiffs and the attorneys who represent them. A recent federal district court decision highlights an important limitation on claims under the...more
When getting ready to try a case, there are many activities you need to do to prepare, including witness preparation, organizing your evidence and crafting your message to the jury. When it comes to serial litigation, these...more
The TCPA is a magnet for serial litigants. There are handful of individuals located in various states across the country who seem to account for an outsized share of TCPA filings, and who are sometimes known to resort to...more
In Robinson v. Southern Counties Oil Co., 2020 WL 4696742 (certified for publication Cal. Ct. App. Aug. 13, 2020), the California Court of Appeal held that an action under the Private Attorneys General Act (“PAGA”), Cal....more
The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s denial of attorney’s fees to an accused infringer, finding the district court did not properly consider the Patent Owner’s manner of...more
With its potential for lucrative statutory damages, the TCPA attracts serial litigants like moths to a flame. In response, some businesses are trying to help callers avoid calling numbers associated with serial litigants by...more
INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral...more
Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona...more
The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more
Seyfarth Synopsis: In an apparent effort to stop one plaintiff’s lawsuit spree, the Nevada Attorney General moves to intervene in a federal ADA Title III lawsuit arguing that the plaintiff failed to provide notice to the...more
In a decision denying a second petition for inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) elucidated the factors weighing against granting the petitioner’s request. The decision underscores the PTAB’s...more
Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue....more
Seyfarth Synopsis: A disability advocacy group behind approximately 1,700 Arizona access lawsuits breaks new ground by filing suit against the Arizona Attorney General, in an unusual counter-attack to the AG’s motion to...more