Casie Collignon

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The D.C. Circuit Denies Motion to Stay Issuance of Mandate in Yaakov v. FCC Opt-Out Notification Case, but Petition for Certiorari Looms

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated a rule requiring that opt-out notices be included in fax advertisements sent with prior permission of the recipient. … Continue Reading

DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications on Solicited Fax Advertisements

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement when, by its express terms, the TCPA applies only to unsolicited fax advertisements. Order, Yaakov v. Federal Communications Commission, No. … Continue Reading

D.C. Circuit May Have Finally Killed TCPA Class Actions Over Solicited Faxes Without Opt-Out Notices!

Photo of Sammantha TillotsonPhoto of Casie CollignonBy Sammantha Tillotson and Casie Collignon on Posted in Advertising Class Action
On Friday, in a split decision, the United States Court of Appeals for the District of Columbia Circuit entered its long-awaited ruling in Yaakov v. Federal Communications Commission, holding that “the FCC’s 2006 Solicited Fax Rule is [] unlawful to the extent that it requires opt-out notices on solicited faxes.” Order, Yaakov v. Federal Communications … Continue Reading

Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement transmissions that stated that “[a] facsimile advertisement . . . sent to a recipient that has provided prior express invitation or permission … Continue Reading

Class Action Disgorgement Case Dismissed Against PG&E as Remedy Sought Would Interfere with Filed Rates

Photo of Casie CollignonBy Casie Collignon and Matthew C. Baisley on Posted in Class Action Trends
Companies in regulated markets, such as insurance and energy, are increasing litigating issues surrounding the “filed rate doctrine,” or in other words, whether they can be sued in a class action where the remedy sought necessarily challenges the rates that are required or approved by the relevant regulators.  Pacific Gas & Electric is a great … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Photo of Casie CollignonPhoto of Justin WinquistBy Casie Collignon and Justin Winquist on Posted in Rule 12 Motions to Dismiss, TCPA
Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014, of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

No Need To Try the Individual Claim After Class Cert Denial – Ninth Circuit Asserts Jurisdiction over Voluntary Stipulated Dismissal and Upholds Denial of Class Certification

Photo of Casie CollignonBy Casie Collignon and Aaron Thompson on Posted in Class Certification, Consumer Class Action, Predominance, Rule 23 Requirements
The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the predominance of individualized issues. Case No. 11-55592 (9th Cir. Feb. 3, 2014). Notably, the Ninth Circuit also determined that it had jurisdiction to … Continue Reading

Karlsgodt to Lead CLE on Rule 23(f) Class Certification Appeals

Photo of Casie CollignonBy Casie Collignon on Posted in Class Action Trends, Class Certification, Events
The head of BakerHostetler’s national class action practice, Paul Karlsgot, will lead a CLE webinar that Strafford is hosting on Thursday, February 6, titled “Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review.” This CLE live web seminar will provide guidance to class litigators for complying with the strict procedural requirements of Rule 23(f) when … Continue Reading

SCOTUS: Mississippi AG Suit is not a Removable CAFA Mass Action

Photo of Casie CollignonBy Casie Collignon on Posted in Antitrust, Class Action Fairness Act
In Mississippi ex rel. Jim Hood v. AU Optronics Corp., Case No. 12-1036 (U.S. Jan. 14, 2014), the United States Supreme Court reversed the Fifth Circuit’s decision and held that a statewide antitrust lawsuit brought by the state attorney general seeking restitution for its citizens is not a CAFA mass action and is therefore not … Continue Reading

When is the Proper Time To Challenge Standing in Class Actions? New Jersey Says To Wait Until Class Certification.

Photo of Casie CollignonBy Casie Collignon on Posted in Advertising Class Action, Rule 12 Motions to Dismiss, Standing
On Monday, a New Jersey federal judge denied a motion to dismiss for lack of standing in a deceptive marketing class action in which the named plaintiffs had not purchased a number of the named products. This decision effectively held that, in a class action, the appropriate time to analyze standing is at the class … Continue Reading

Nevada Court Blesses Plaintiff’s Counsel Use of Facebook and Twitter to Advertise Pending Collective Action

Photo of Casie CollignonBy Casie Collignon on Posted in Class Certification, Employment, Practice Pointers
The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the plaintiff brought a collective action under the Fair Labor Standards Act on behalf of defendant’s employees that were allegedly required to work “off … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

Photo of Casie CollignonBy Casie Collignon on Posted in Antitrust, Class Certification, Expert Testimony, Predominance, Rule 23 Requirements
Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Late Class Settlement Claims – To Accept or Not to Accept?

Photo of Casie CollignonBy Casie Collignon on Posted in Class Certification, Practice Pointers, Settlements
Inevitably, there is always at least one late claim form arrival in every class action settlement. This precise issue was highlighted in a recent case in the Northern District of California. In Curtis-Bauer v. Morgan Stanley & Co., No. 3:06-cv-03903, a class action settlement was reached in a racial discrimination case against financial advisors at … Continue Reading

California District Court Awaits Class Certification Motion in Wal-Mart

Photo of Casie CollignonBy Casie Collignon on Posted in Class Action Trends, Class Certification, Commonality, Rule 23 Requirements, Rule 23(b)(2) Class Actions
On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a nationwide class.  Dukes v. Wal-Mart, No. C01-02252 CRB, slip op. (N.D. Cal. Dec. 10, 2012).  In September, the district court had … Continue Reading

Supreme Court Denies Cert on Preclusion Issue Post Decertification in Florida Tobacco Case…And Once Again, Decertification Proves to Be a Hollow Victory

Photo of Casie CollignonBy Casie Collignon on Posted in Class Certification
Last week, on November 26, 2012, the United States Supreme Court denied cert in one of the thousands of individual cases pending in the aftermath of Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), where the State of Florida took on the tobacco industry.  In R.J. Reynolds Tobacco Co. v. Clay, Case … Continue Reading

Wal-Mart Sex Discrimination Plaintiffs Get a Second Bite at a Smaller Apple

Photo of Casie CollignonBy Casie Collignon on Posted in Class Action Trends, Class Certification, Class Definition, Equitable Relief, Rule 23 Requirements, Rule 23(b)(2) Class Actions
Last year, the Supreme Court ruled in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), that five named plaintiffs alleging nationwide sex discrimination class action claims did not satisfy Rule 23(a)’s commonality requirement and could not bring class claims for monetary relief under Rule 23(b)(2). In October of last year, the plaintiffs filed a … Continue Reading

The Importance of a Defendant’s Active Participation in Class Action Settlement Administration

Photo of Casie CollignonBy Casie Collignon on Posted in Practice Pointers, Settlements
A class action settlement has been reached. The agreement is inked. You have preliminary approval. A class action settlement administrator has been hired. In many respects, the hard part is over, but that does not mean that either the defendant or defense counsel can become complacent. There are still a variety of steps that must … Continue Reading

Colorado Supreme Court Asks: Where’s the Beef?

Photo of Casie CollignonBy Casie Collignon on Posted in Colorado, Rule 23 Requirements, State Class Action Law
Plaintiffs repeatedly, and sometimes successfully, urge class certification after painting a pretty picture of liability with little or no attention whatsoever to the details of the actual evidence that both sides will present at trial.  However, the Colorado Supreme Court recently issued four cases on the same day that asked both parties: where’s the evidence? Here … Continue Reading
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