Class Actions Archives

It’s a Long Way Down the Holiday Road – Court Certifies State (But Not Nationwide) Class Against Cruise Line in TCPA Case

26 Mar 201927 Mar 2019

Last week brought another decision from the Northern District of Illinois holding that Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), applies to class actions…

Class Actions

Here’s Your Class, Now Go Find It: District of New Mexico Approves TCPA Class Notice Procedure That Demonstrates Why Certification Should Have Been Denied.

12 Mar 201913 Mar 2019

In the latest chapter of the Lavigne v. First Community Bancshares saga, the District of New Mexico approved a very broad notice plan based on the notoriously unreliable reverse-lookup method.…

Class Actions

Nothing Skinny About this $3MM Settlement: Jenny Craig Class TCPA Deal Receives Final Approval.

8 Mar 201912 Mar 2019

With an $840,000 fee award, class counsel in Bloom v. Jenny Craig should have no trouble paying for a gym membership. The Southern District of Florida gave final approval to…

Class Actions…

New TCPA Class Action theory Rejected: Court Denies Certification of Revocation-by-Bankruptcy TCPA Class

7 Mar 20198 Mar 2019

I love a well-written certification denial in the morning. Especially from Florida. Especially rejecting a new and novel certification theory. Oh hey, look at this. As the years roll by…

Class Actions…

One Way Out?: District Court Grants TCPA Defendant’s Request To Pursue Individual Discovery And Motions Before Class Discovery.

5 Mar 20196 Mar 2019

The defendant in Katz v. Liberty Power Corp. faced a common dilemma: the prospect of expense class discovery even though the named plaintiff’s individual claims appear weak. See No. 18-cv-10506,…

Class Actions

Out of the Frying Pan: Plaintiff’s Certification Bid Goes from Bad to Worse When Reconsideration Papers Only Highlight More Sound Reasons to Deny Certification

4 Mar 20197 Mar 2019

Sometimes the best motion is the one you don’t file. One putative TCPA class representative found that lesson out the hard way. In Powell v. Youfit Health Clubs LLC, Case…

Class Actions…

Feeling Uncomfortable: Class Counsel Must Live With Rule 68 Offers Targeting Class Representative Court Says

1 Mar 20194 Mar 2019

We have all heard it from putative class counsel before: “I can’t entertain a settlement offer on an individual basis.” Sure you can, as one recent decision out of the…

Class Actions…

Timing Matters: District Court Refuses To Dismiss A TCPA Class Action That Was Moot Before It Was Ever Filed.

1 Mar 20194 Mar 2019

The facts of Edelsberg v. Brea Financial Group are straightforward. See No. 18-cv-62119, 2019 U.S. Dist. LEXIS 29941 (Feb. 26, 2019). The plaintiff sent the defendant a letter claiming that…

Class Actions…

Rough Justice: District Court Gives and Takes in Class Discovery Ruling

18 Jan 20197 Mar 2019

Whether it should happen or not, babies often get split when it comes to class discovery. Consider Leeb v Charter Communications, Inc., Case No. 4:17-cv-2780, 2019 WL 144132 (E.D. Mo. Jan…

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