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CEB Prac. Guide § 2B.35: Class Actions

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In Moser v. Health Insurance Innovations, Inc., 2018 WL 325112, at *8–9 (S.D.Cal., 2018), Judge Hayes found that a TCPA Plaintiff had adequately pleaded agency allegations against a host of defendants allegedly involved in health insurance telemarketing sales.  Judge Hayes then refused to strike a host of allegations made in the Complaint regarding other complaints and sister-state actions. Allegations concerning the… Read More

In this Article, Severson & Werson partners Rebecca Saelao and Scott Hyman discuss the effect of a class action plaintiff’s dismissal of claims or damages at the instruction of class counsel in order to conform their individual claim to the claims of the putative class and, purportedly, to better their chances for class certification.   A copy of the Article can… Read More

In West v. California Services Bureau, Inc., 2017 WL 6316823, at *2 (N.D.Cal., 2017), Judge Rogers certified a "wrong number" TCPA class.  The facts were as follows: Plaintiffs allege that defendant “repeatedly” called them on their cellular telephones using an autodialer and/or an artificial or prerecorded voice. (Id. ¶¶ 25-26, 29-30.) Plaintiffs further allege that they did not provide defendant… Read More

In Progressive Health and Rehab Corp. v. Quinn Medical, Inc., 2017 WL 6015810, at *2–4 (S.D.Ohio, 2017), Judge Marbley found that a TCPA blast-fax case was a "fail-safe" class, but striking the class allegations was premature. Defendants argue that Plaintiff's class allegations should be stricken because the proposed class constitutes a “fail-safe” class. (ECF No. 20 at 4). As a… Read More

In Ginwright v. Exeter Finance Corp., No. CV TDC-16-0565, 2017 WL 5716756 (D. Md. Nov. 28, 2017, the District Court rejected applying  Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), which held that contractually bargained for consent under the Telephone Consumer Protection Act (“TCPA”) cannot be revoked.  The court in Ginwright went on, however, to deny… Read More

In Mohamed v. American Motor Company, LLC., 2017 WL 4310757, at *3–4 (S.D.Fla., 2017), Judge Torres struck the Plaintiff's Expert Jeff Hansen as being unreliable, even though he was qualified to testify. OLO next argues that Mr. Hansen's testimony should be excluded because it is unreliable, as Mr. Hansen did not test, review, or inspect the actual platform or system before… Read More

In Arwa Chiropractic, P.C. v. Med-Care Diabetic & Medical Supplies, Inc., 2017 WL 4339788, at *8–9 (N.D.Ill., 2017), Judge Lee rejected the defendant's argument that mini-trials on the issue of consent meant that a class action was not the superior means of adjudicating a TCPA blast-fax class action.  Judge Lee found that the defendant did not make a prima facie showing… Read More

In Eldridge v. Cabela's Inc., 2017 WL 4364205, at *9–10 (W.D.Ky., 2017), Judge Hale struck the Plaintiff's "stop" class, which Judge Hale re-characterized as a "revocation" class. Cabela's maintains that what Eldridge passes as “Stop” classes are really “Revocation” classes. In other words, the “Stop” classes are comprised of persons who had a prior relationship with Cabela's but subsequently revoked their… Read More

In Golan v. Veritas Entertainment, LLC, 2017 WL 3923162, No. 4:14CV00069 ERW (E.D. Mo. September 7, 2017), Judge Webber found, after a trial on the merits, that the TCPA’s damages provision has constitutional due process limitations and, therefore, reduced the statutory damages to be awarded to $10 per call. The violations in this case involved the use of automated telephone equipment… Read More

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