Monthly Archives: January 2014

Second Circuit: TCPA Class Actions Permitted in New York Federal Courts

A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court

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Supreme Court: CAFA’s “Mass Action” Provision Does Not Apply to Lawsuits By States

The Supreme Court today unanimously held that a state’s lawsuit on behalf of its injured citizens cannot be removed to federal court under the “mass action” provision of the Class Action Fairness Act. In Mississippi v. AU Optronics Corp., the

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“Picking Off” the Named Plaintiff Can Stop a Class Action–in Some Circuits

An occasionally effective strategy among class action defense counsel is to try to settle with the named plaintiff(s) before the class can be certified.  While plaintiffs’ counsel will ordinarily be unreceptive to such an attempt—and can usually find a substitute

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