Tag Archives: federal jurisdiction

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

Can a Class Action Plaintiff Limit the Putative Class’s Damages to Secure a State Forum?

By Justin Winquist on January 2, 2012 Posted in Class Action Fairness Act

Can a class action plaintiff, acting on behalf of a putative class, limit the putative class members’ damages in order to secure a state forum? Is the putative representative bound by his or her duties to absent class members to maximize the damages they can recover? Several courts have addressed these questions, and the answer to date … Continue Reading