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Class Certification Appellate Courts Expert Testimony

Burr & Forman

Fourth Circuit Affirms Denial of Class Certification in TCPA Prerecorded Call Case

Burr & Forman on

Davis v. Capital One, N.A., No. 24-1507, 2025 WL 2445880 (4th Cir. Aug. 25, 2025). Background. Defendant made prerecorded calls to Plaintiff, a non-customer, attempting to reach a customer that had provided consent...more

McGuireWoods LLP

Seventh Circuit Requires District Courts to Resolve “Battle of Experts” Before Deciding Class Certification

McGuireWoods LLP on

Gone are the days when district courts in the Seventh Circuit can grant class certification without resolving conflicting expert evidence. On Aug. 5, 2025, the U.S. Court of Appeals for the Seventh Circuit, in Arandell...more

Wiley Rein LLP

4 Important Class Cert. Issues From 2 Data Breach Cases

Wiley Rein LLP on

Data breach lawsuits are challenging cases for plaintiffs. Assuming they are able to survive a motion to dismiss on grounds of Article III standing in the first instance, plaintiffs next bear the high burden of achieving...more

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