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Royal Certification: Court Throws Shade on Consent Evidence and Certifies Class against Cruise Company

USA - April 5 2019 How do you prove consent in a TCPA case? According to one recent decision, when consent is asserted to defeat class certification, a defendant must...

It’s a Long Way Down the Holiday Road - Court Certifies State (But Not Nationwide) Class Against Cruise Line in TCPA Case

USA - March 26 2019 Last week brought another decision from the Northern District of Illinois holding that Bristol-Myers Squibb Co. v. Superior Court of California, 137...

Yes, You Can Get Your Arbitration Agreement Enforced in the Eleventh Circuit (Probably)

USA - March 14 2019 A broad arbitration agreement, drafted with TCPA claims in mind, will be enforced - even in the Eleventh Circuit. In Fialek v. I.C. Sys.,2019 U.S...

Out of the Frying Pan: Plaintiff’s Certification Bid Goes from Bad to Worse When Reconsideration Papers Only Highlight More Sound Reasons to Deny Certification

USA - March 4 2019 One putative TCPA class representative found that lesson out the hard way. In Powell v. Youfit Health Clubs LLC, Case No. 17-cv-62328, 2019 U.S. Dist...

To Defer or Not to Defer: Supreme Court Set to Hear Case That Could Decide Deference Standard in TCPA Cases

USA - November 27 2018 On November 13, 2018, the U.S. Supreme Court granted certiorari in the junk fax action, Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 883...

Petrina A. McDaniel.