Archives: Rule 12 Motions to Dismiss

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Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

By Casie Collignon and Justin Winquist on September 15, 2014 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

IRS Fighting Hard to Avoid Tea Party Class Action Claims

By Jennifer Benda on February 17, 2014 Posted in Class Actions Privacy, Rule 12 Motions to Dismiss, Standing

The IRS recently filed a motion to dismiss class action claims brought by Tea Party groups. In NorCal Tea Party Patriots, et. al. v. IRS, et. al., S.D. Ohio, Case No. 1:13-cv-00341, Tea Party groups asserted that the IRS singled out their organizations when those organizations sought exemption from taxation pursuant to Section 501(c)(4) of … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

By Judy Selby on February 14, 2014 Posted in Class Actions Privacy, Class Certification, Consumer Fraud, Data Breach, Rule 12 Motions to Dismiss, Standing

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

TCPA Class Actions are Back in the Big Apple

By Patrick T. Lewis on January 6, 2014 Posted in Erie Doctrine, Rule 12 Motions to Dismiss, TCPA

In December, the Second Circuit cleared the way for plaintiffs to bring TCPA class actions in New York federal courts by holding that a New York state law prohibition on class actions for recovery of statutory damages was no obstacle to federal jurisdiction. The case, Bank v. Independence Energy Group, LLC, No. 13-1746 (2d Cir. … Continue Reading

Supreme Court to Review Sixth Circuit’s Reinstatement of ERISA “Stock-Drop” Class Action

By Elliot Morrison and Patrick T. Lewis on December 30, 2013 Posted in Class Action Trends, ERISA, Rule 12 Motions to Dismiss, Securities

The Supreme Court recently agreed to resolve a circuit split on the pleading requirements for claims that ERISA fiduciaries imprudently invested employee stock ownership plan (ESOP) assets in the stock of the employer—so-called “stock-drop” cases. Under the “Moench presumption,” named after Moench v. Robertson, 62 F.3d 553 (3d Cir. 1995), courts presume that investments of … Continue Reading

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

By Casie Collignon on December 13, 2013 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