Brady v. Basic Research, L.L.C., 2:13-cv-7169 (SFJ) (ARL) (E.D.N.Y. Feb. 3, 2016) The day after Campbell Ewald Co. v. Gomez was decided by the United States Supreme Court, Defendants moved for permission to deposit funds with the Clerk of Court "consistent with the Rule 68 offer of judgment that [they] previously made to Plaintiffs." The Court noted that by seeking permission to deposit the amount of their offer of judgment with the Clerk of Court, Defendants are attempting to moot the individual claims of Plaintiffs, thereby defeating the individual Plaintiffs' attempt to have a ...
Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court's denial of plaintiff's motion to certify a class of individuals who allegedly received "unauthorized" text messages stating:
The central issue in the case is whether the text messages were unauthorized. But, the proposed class includes at least the following groups: (a) those, like Gannon, who claim to have called an NTS phone line by mistake and may have discontinued the call before hearing ...
Harrington v. Regions Bank, No. 2:15-cv-522-Ftm-29MRM (M.D. Fla. Jan. 29, 2016) Before the Court was Defendant's Motion to Compel Arbitration and Stay Proceedings. Plaintiffs opposed the Motion, contending that their TCPA claims were not subject to arbitration provisions found in various loan documents executed in connection with the subject debt and other account relationships with Defendant. It was undisputed, however, that the arbitration provisions contained a delegation clause vesting determinations of arbitrability with the arbitrator, not the court. Granting the ...
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