The Eastern District of Texas recently adopted a report from Magistrate Judge Christine A. Nowak finding that the Court lacked personal jurisdiction over an attorney and law firm in a pro se plaintiff’s Telephone Consumer Protection Act lawsuit. The case is Cunningham v. Mark D. Guidubaldi & Assocs., 2019 U.S. Dist. LEXIS 38652 (E.D.
In light of recent challenges to the Telephone Consumer Protection Act on First Amendment grounds, a recent decision from the Middle District of Florida provides yet another clear example of the TCPA’s content-based discrimination.
The case, Gaza v. Navient Solutions LLC, No. 8:18-cv-1049, concerned calls made to a cell phone to collect a student
A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.
Lash Wilcox & Grace PL (“LW&G”), formerly known as Lash & Wilcox PL, is a law firm with a niche practice specializing in the prosecution of
On March 4, the Supreme Court granted the U.S. Solicitor General’s request to take part in oral arguments in the highly anticipated Telephone Consumer Protection Act case PDR Network LLC, et al. v. Carlton & Harris Chiropractic. The Solicitor General has requested to argue “that final orders of the Federal
On March 5, the United States District Court for the Southern District of New York ruled against a Telephone Consumer Protection Act plaintiff on the grounds that consumers cannot unilaterally revoke prior express consent that was part of a bargained-for exchange. In Ford v. Bluestem Brands, Inc., (S.D.N.Y. Case No. 18-cv-2695), the district court
The Third Circuit Court of Appeals ruled on March 6 that a factual dispute over the existence of an agreement to arbitrate between Live Nation World Wide, Inc. and a customer should be decided at a trial, not on summary judgment.
John Egan filed suit against Live Nation in 2017, claiming that the company
A recent objection by the U.S. Department of Justice to a proposed class action settlement in Cowen v. Lenny & Larry’s Inc.[1] may be an indication that the DOJ will be scrutinizing future settlements for the benefits to the class members. The DOJ argued in its objection that the bulk of the benefit from the
The FBI has calculated that global losses due to business email compromise exceeded 12.5 billion dollars in the period October 2013 to May 2018. The question is no longer “if” your company will be a victim but “when” and in-house counsel and practitioners must be ready to detect and respond.
Troutman Sanders attorneys regularly represent
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling. Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but
