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

Massachusetts Echoes California and Disavows Data Mining by Zip Code

By Yulia Fradkin on March 19, 2013 Posted in Class Actions Privacy, Class Certification, Consumer Fraud

In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still to come. This ruling is important for all retailers when considering their privacy practices in conjunction with ever-evolving privacy laws, especially in the class action context. In Tyler … Continue Reading