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CEB Prac. Guide § 2B.09: Jurisdiction

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District Court (Pa.) Refuses to Bi-furcate/Stay TCPA Class Action Based on Primary Jurisdiction

by Scott J. Hyman |

In Hartley–Culp v. Credit Management Co., 2014 WL 4630852 (M.D.Pa. 2014), Judge Blewitt rejected a TCPA defendant's request for a stay/bifurcation of discovery. Defendant CMC seeks the Court to bifurcate discovery into two phases with the first phase limited to the issue of whether Plaintiff expressly consented to receiving calls on her cell phone. Defendant CMC maintains that if it proves… Read More

District Court (Cal.) Says Embedded Federal Questions in Rees-Levering and CLRA Claims Were Insufficient to Confer Federal Jurisdiction

by Scott J. Hyman |

In Muller v. Auto Mission, Ltd., 2013 WL 1996916 (N.D.Cal. 2013), Magistrate Judge Cousins remanded a removed state court action that alleged a host of Rees-Levering Automobile Sales & Finance Act violations, many of which included embedded federal claims.  Judge Cousins found an absence of substantial federal question, and rejected the defendants’ contention that a defense of compliance with federal… Read More

District Court (Cal.) Says Penalty-only Sought in TCPA Claim Still Conferred Article III Standing

by Scott J. Hyman |

We had hoped the issue would be addressed by the Supreme Court (as to RESPA) in Edwards v. First American Corp. 610 F.3d 514 (9th Cir. 2010), but SCOTUS dismissed cert. as improvidently granted.  So, the district court in Smith v. Microsoft Corp. 2012 WL 2975712 (S.D.Cal. 2012) addressed the issue whether a TCPA Plaintiff who otherwise had suffered no… Read More

SCOTUS Says TCPA’s Permissive Grant of Jurisdiction to State Courts Does Not Deprive US Courts of Federal Question Jurisdiction

by Scott J. Hyman |

The Supreme Court issued the Mims v. Arrow Financial Services decision today.  According to the syllabus, the Supreme Court held: The TCPA’s permissive grant of jurisdiction to state courts does not deprive the U. S. district courts of federal-question jurisdiction over private TCPA suits. Pp. 7–18.  (a) Because federal law creates the right of action and provides the rules of… Read More

SCOTUS to Determine Whether TCPA Creates Federal Jurisdiction

by Scott J. Hyman |

The Supreme Court will resolve whether federal courts have jurisdiction to hear cases brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). The circuit courts are split on whether jurisdiction exists for private TCPA claims.  Mims v. Arrow Fin. Servs., LLC, 2010 WL 4840430 (11th Cir. Nov. 30, 2010) cert granted Mims v. Arrow Financial Services, LLC, 131 S.Ct.… Read More

Third Circuit Allows TCPA Case in Federal Court Based on Diversity Jurisdiction, Remands for Further Discovery on Class Certification Issues

by Scott J. Hyman |

In Landsman & Funk PC v. Skinder-Strauss Associates, --- F.3d ----, 2011 WL 1226371 (3d Cir. 2011), the Court of Appeals for the Third Circuit in a 2-1 split decision joined with other circuits and district courts to find that the TCPA’s exclusive grant of federal question jurisdiction in the state courts did not deprive the federal courts of jurisdiction… Read More