News & Analysis as of

Class Action Telephone Consumer Protection Act Personal Jurisdiction

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Klein Moynihan Turco LLP

TCPA Claim Defense Bites The Dust

A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Declines to Resolve Whether Its Bristol-Myers Squibb Decision Applies to Class Actions

The Supreme Court recently declined to review the Seventh Circuit’s ruling in Mussat v. IQVIA, Inc., 953 F.3d 441 (7th Cir. 2020), which found that the logic of Bristol-Myers Squibb Co. v. Superior Court of California, 582 US...more

Seyfarth Shaw LLP

Update on Personal Jurisdiction Law in the Class Action Context

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Seyfarth Synopsis: Recent activity within the federal Courts of Appeals this spring may prompt Supreme Court resolution of a central and unsettled issue concerning personal jurisdiction in the class-action context causing...more

Carlton Fields

Split Over Impact of Bristol-Myers Squibb on Class Actions Deepens

Carlton Fields on

Bakov v. Consolidated World Travel, Inc. is the latest salvo in the conflict over whether the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb applies in the class action context. ...more

Mintz

TCPA Class Action Update: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to...

Mintz on

In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...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

Balch & Bingham LLP

Top 10 Key Class Action Points for 2019

Balch & Bingham LLP on

Some legal commentators and lawyers have pronounced the death of class actions in light of significant changes in the law in the last fifteen years, including the passage of the Class Action Fairness Act and the Supreme...more

Jones Day

Agent Actions Don't Equal Personal Jurisdiction in Telephone Consumer Protection Act Case

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The Situation: A federal court in California recently considered whether it had jurisdiction over defendants in a class action under the Telephone Consumer Protection Act ("TCPA") based on the presence in California of the...more

Womble Bond Dickinson

We’re Going to Vegas!: TCPA Class Action Transferred to Nevada Because Use of California-Based Text Platform Wasn’t Enough to...

Womble Bond Dickinson on

The “Ivy” AI text message platform is in the cross-hairs again in a class action filed against Caesars Entertainment Corporation in Castillo v. Caesars Entm’t Corp., No. 18-cv-05781-EMC, 2018 U.S. Dist. LEXIS 201721 (N.D....more

Jones Day

Out of State, Out of Luck: Federal Court Rejects Nationwide TCPA Class Action Claims

Jones Day on

The Situation: A federal court recently considered whether a plaintiff could maintain a nationwide Telephone Consumer Protection Act ("TCPA") class action brought on behalf of class members who did not reside in the state...more

Womble Bond Dickinson

Splitting Hairs?: Court Finds Bristol-Myers Squibb Does Not Apply to Rule 23 Class Actions and Denies Motion to Dismiss Claims of...

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A few weeks ago, Judge Leigh Martin May in the Northern District of Georgia denied a Defendant’s Rule 12(b)(2) motion to dismiss brought on the basis that, under Bristol-Myers Squibb, the court lacked subject matter...more

Goodwin

Northern District of Georgia Refuses to Strike TCPA Class Allegations Based on Supreme Court Ruling

Goodwin on

On October 18, 2018, the Northern District of Georgia declined to extend the Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court of Cal., S.F. Cty. to dismiss or to strike the class allegations in a...more

Womble Bond Dickinson

Cut Down to Size: Court Applies Bristol-Myers Squibb to Strike Class Definition Asserting Claims of Nonresident Class Members in...

Womble Bond Dickinson on

In Mussat v. IQVIA, Inc., 2018 WL 5311903 (N.D. Ill. Oct. 26, 2018) Judge Virginia M. Kendall of the Northern District of Illinois held that Bristol-Myers Squibb applies to Rule 23 class actions, and consequently struck the...more

Bradley Arant Boult Cummings LLP

Court Strikes Non-Forum Class Members’ Claims in TCPA Class Action under Bristol-Myers Squibb

We have been closely watching how courts have applied the Supreme Court’s Bristol-Myers Squibb decision in the class action context, and the early results are mixed. But the Northern District of Illinois made a big step in...more

Vedder Price

TCPA Case Law Review (Vol. 4)

Vedder Price on

If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more

Womble Bond Dickinson

Going Back to Cali: Class Claims Brought by California Resident in Florida Dismissed For Lack of Jurisdiction, While Claims by...

Womble Bond Dickinson on

Yesterday, two Plaintiffs encountered a divergent result as to the fate of their TCPA class action claim at the pleading stage. In Pagano v. Quicken Loans, Case No. 3:18-cv-117-J-20JBT, 2018 U.S. Dist. LEXIS 120933 (M.D....more

Vedder Price

TCPA Case Law Review (Vol. 3)

Vedder Price on

The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more

Benesch

This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions

Benesch on

It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few. While plaintiffs’ lawyers may have...more

Bradley Arant Boult Cummings LLP

A Look Back at Significant Developments in Class Action Law in 2017

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

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