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Statutory Damages Constitutional Challenges

Marshall Dennehey

Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap

Marshall Dennehey on

Freilich v. Septa, No. 10 EAP 2024, review granted Mar. 11, 2024 - States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154,...more

Goodwin

Ninth Circuit Issues Two Significant TCPA Decisions Concerning Mixed-Use Cellphones and Statutory Damages Awards

Goodwin on

​​​​​​​In the past few weeks, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) has issued significant decisions concerning the Telephone Consumer Protection Act (TCPA) and its application to unwanted...more

Polsinelli

When Enough is Too Much: Constitutional Limitations on Extraordinary Statutory Damage Awards

Polsinelli on

Statutory schemes that create per-violation damage minimums can lead to devastating consequences when assessed in the aggregate. Where evidence of actual damages is lacking, judgments may be disproportionate to the harm and...more

Hudson Cook, LLP

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

Hudson Cook, LLP on

Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

Vedder Price

TCPA Turnstile: Case Update Vol. 10

Vedder Price on

Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more

White and Williams LLP

PA Supreme Court Declines to Consider Constitutional Challenge to Statutory Damages Cap Applicable to Commonwealth Agencies

White and Williams LLP on

Pennsylvania law limits the amount of damages recoverable in tort actions against Commonwealth agencies and local agencies under the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, respectively. Pursuant...more

Womble Bond Dickinson

Unusual First Amendment Challenge Rejected in Fax TCPA Case: Court Upholds TCPA Applying Intermediate Scrutiny in Struggle Over...

Womble Bond Dickinson on

With all the buzz generated by the Gallion First Amendment challenge in the Ninth Circuit Court of Appeal, we’ll report on First Amendment TCPA challenges wherever we find them from now on....more

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