Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA

On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care” message, precluding liability. In its decision, the Second Circuit confirmed that under the TCPA, a defendant need not obtain written prior express consent to send a health care message. Continue reading “Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA”

District Court Stays Securities Class Action Involving Initial Coin Offering Pending Supreme Court Review

On February 1, 2018, a federal district court in the Northern District of California stayed a putative class action involving the Tezos Initial Coin Offering (“ICO”) pending the United States Supreme Court’s decision in a case addressing state court jurisdiction over securities class actions.  In granting the defendant’s request for a stay, the court refrained from deciding the novel securities and jurisdictional issue of whether ICOs are securities offerings subject to the Securities Act of 1933. Continue reading “District Court Stays Securities Class Action Involving Initial Coin Offering Pending Supreme Court Review”

Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement

On May 15, 2017, the United States District Court for the Southern District of New York denied class treatment to a proposed class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934.  In its opinion, the district court held that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their “omission” claims were actually alleged misrepresentations not subject to a presumption of class-wide reliance. Continue reading “Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement”

Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers

On March 6, 2017, the Seventh Circuit Court of Appeals vacated a district court’s certification of eight separate classes against Allergan and other defendants under an Illinois and Missouri statute.  Eike v. Allergan, Inc., No. 16-3334 (7th Cir. March 6, 2017).  Equating the plaintiffs’ allegations to that of cat breeders and Fancy Feast, Judge Posner and the Seventh Circuit held that the plaintiffs’ case amounted to mere buyer dissatisfaction and they failed to allege a cognizable misrepresentation. Continue reading “Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers”

Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term

In one of our previous posts, we highlighted that the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees.  The case, NLRB v. Murphy Oil USA, Inc., U.S., No. 16-307, was consolidated for oral argument purposes with two other similar cases that were granted review, Ernst & Young, LLP v. Morris, No. 16-300 and Epic Systems Corp. v. Lewis, No. 16-285.   Continue reading “Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term”

Ninth Circuit Holds That Securities Class Action Based on Violations of Ethics Code Properly Dismissed

On January 19, 2017, the Ninth Circuit affirmed the dismissal of a shareholder class action lawsuit alleging securities fraud violations, arising out of Hewlett-Packard’s former CEO’s alleged misrepresentations about HP’s ethical compliance.  In a case of first impression, the Ninth Circuit held that there was no actionable securities fraud claim where a CEO violates the corporation’s corporate code of ethics, even after publicly touting the corporation’s high standards for ethics and compliance. Continue reading “Ninth Circuit Holds That Securities Class Action Based on Violations of Ethics Code Properly Dismissed”

Supreme Court to Address Class Action Waivers Amid Circuit Split

On January 13, 2017, the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees.  The case, NLRB v. Murphy Oil USA, Inc., U.S., No. 16-307, comes after the Fifth Circuit’s rejection of the NLRB’s position that class action waivers in arbitration agreements are unlawful. Continue reading “Supreme Court to Address Class Action Waivers Amid Circuit Split”