Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Defending HIMP-1 Claims in New York
Lauryn Hill's Tax Evasion a 'Battle for Survival': Lawyer
The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more
Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...more
A federal district court in Illinois recently denied an insurance provider’s motion to dismiss a TCPA class action complaint, finding that the alleged use of a predictive dialer was sufficient at the pleading stage. In...more
Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more
The United States District Court for the District of Connecticut recently granted a Defendant’s motion to dismiss Plaintiffs’ TCPA claims because Plaintiffs failed to adequately allege facts supporting an inference that...more
On March 12, 2019, the Southern District of Florida dismissed a putative Telephone Consumer Protection Act (TCPA) case for a second time because of repeated pleading defects. In Settle v. State Farm Fire and Casualty Co.,...more
In another huge TCPAland development, a district court in Ohio dismissed a TCPA case at the pleadings stage yesterday for want of allegations regarding the use of a random or sequential number generator. This...more
REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more