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Archives for February 2018

Plumbers Overcome Spokeo-Based Standing Blockage in Putative TCPA Class Action

by Carlton Fields

The Northern District of Illinois cleared the way for a plumbing company’s putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants’ motions to dismiss, which were inspired by the Supreme Court’s Spokeo v. Robins decision. The plumbing company alleged that the insurance companies committed TCPA violations when they placed two phone calls to it: one went to voicemail and another was answered by a company employee. The ... Keep Reading »

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a circuit split over whether allegations of fear of future identity theft in the wake of a data breach satisfy the standing requirements of Article III of the United States Constitution. In the absence of Supreme Court guidance on this issue, we ... Keep Reading »

Conflict of Interest Renders Spouse of Former Class Counsel Inadequate Class Representative

by Carlton Fields

The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship. The plaintiff, Dr. Eve Wexler, brought a putative class action against AT&T, alleging violations of the Telephone Consumer Protection Act. The case was originally filed by the plaintiff’s husband, Shimshon Wexler, who was later joined by another attorney, Mr. Giardina. AT&T argued ... Keep Reading »

FLSA Conditional Certification Standard Bites Plaintiffs

by Cathleen Bell Bremmer

A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime under the Fair Labor Standards Act (FLSA). In Rowe, the named plaintiff and an opt-in plaintiff filed affidavits with their conditional certification motion, describing their personal experiences of having their working hours intentionally reduced ... Keep Reading »

Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement

by Ricardo Rozen and Gary M. Pappas

In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3). In 2012 Hyundai and Kia were accused of overstating their fuel efficiency estimates in advertisements and car window stickers for certain of their vehicles. A flurry of putative class action litigation ensued across the country, and the MDL ... Keep Reading »

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