Class Action

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Recipients of Telemarketing Calls Made on Behalf of DirecTV Granted Class Certification in Class Action Lawsuit

On August 1, 2022, the United States District Court for the Northern District of West Virginia granted class certification to a group of about 114,000 individuals who, despite being on the national Do-Not-Call Registry, received at least two robocalls placed on behalf of DirecTV.  The court concluded that this was “a model case for the application of the class action mechanism.”

In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”), which, among other things, created a Do-Not-Call Registry that prohibited the initiation of telephone solicitations to residential telephone numbers listed on the registry.  The TCPA provides […]

JUUL: Now in Certified Class Action Flavor

On June 28, 2022, the United States District Court for the Northern District of California certified four separate plaintiff classes in the nationwide JUUL electronic cigarette litigation. Certification of a plaintiff class is necessary for a class action lawsuit to proceed. The lawsuit alleges teen injury, fraud, and RICO violations against JUUL Labs and others, for the allegedly addictive and harmful effects of JUUL’s products.

In opposition to class certification, the JUUL Defendants argued that the proposed class lacked “commonality” because each potential plaintiff made an individual decision to purchase products containing nicotine or other addictive ingredients. […]

By |2022-07-26T11:15:36-04:00July 26th, 2022|Practice Areas: Class Action, General|Topics: , , |

We’re Open: Enter At Your Own Risk

Since releasing our most recent podcast episode, athletic events and concert venues have been slowly reopening at different capacities depending on the state, but what kinds of claims are arising out of these reopenings?

Carr Maloney attorneys Matthew D. Berkowitz, Brian O’Shea, and Samantha Lewis sit down to discuss possible causations of these class action claims and how to form an argument around the defense.

Listen along to Carr Maloney’s most recent COVID-cast episode below:

By |2021-02-23T15:11:53-05:00February 23rd, 2021|Practice Areas: Podcast|Topics: , |