Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and...more
On Aug. 13, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in a securities fraud class action, Khoja v. Orexigen Therapeutics, No. 16-56069 2018 U.S. App. LEXIS 22371 (9th Cir. Aug. 13, 2018),...more
9/6/2018
/ Appeals ,
Class Action ,
Federal Rule 12(b)(6) ,
Form 10-Q ,
Form 8-K ,
Incorporation by Reference ,
Motion to Dismiss ,
Pharmaceutical Industry ,
Pleading Standards ,
PSLRA ,
Reversal ,
Securities Fraud ,
Securities Litigation
On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more
8/22/2017
/ Advertising ,
Affirmative Defenses ,
Ascertainable Class ,
Automotive Loans ,
Car Dealerships ,
Class Action ,
Class Certification ,
Consumer Lenders ,
Discovery ,
TCPA ,
Unsolicited Faxes
A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more
7/14/2017
/ Ascertainable Class ,
Class Action ,
Class Certification ,
Corporate Counsel ,
FRCP 23 ,
Predominance Requirement ,
Prior Express Consent ,
Superiority Claims ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
On March 5, 2014, the U.S. Supreme Court heard oral argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. In this closely watched case, Halliburton has asked the Court to overrule the fraud-on-the-market...more