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Class Action Defense

Nov 25, 2020

Federal Court Litigation Trends and Activity – Lex Machina®’s Torts Litigation Report – Nov. 2020

Looking to determine the trends for tort litigation in federal courts? Need to know how many cases are being filed, where the cases are landing, which judges are involved, which law firms and parties are involved, timelines for important court events, case resolutions, and damage awards?» Read More

Nov 20, 2020

Avoiding Commercial Texting Trouble Under the Telephone Communication Protection Act (“TCPA”)

During this era of COVID-19 lockdowns, entrepreneurs and more established businesses strive to find ways to reach consumers at home. On its face, one of the quickest, least expensive, and most direct ways to reach potential customers is through text messaging.» Read More

Jun 10, 2020

COVID-19-Related Litigation Explodes Leading into May and June 2020

As a follow-up to our April 23, 2020, blog post, “Be Prepared for an Onslaught of Coronavirus-Related Lawsuits, we are sharing the “COVID-19 Impact Analyzer” report from Lex Machina® on general and COVID-19-related case filing statistics for covered jurisdictions and courts with the permission of Lex Machina®.» Read More

Jun 01, 2020

Defending Coronavirus-Related Lawsuits in the U.S. – A U.S. Class Action Perspective

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly.» Read More

Apr 23, 2020

Be Prepared for an Onslaught of Coronavirus-Related Lawsuits

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation has caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly.» Read More

Dec 12, 2019

The FCC Just Blew a Hole in the Side of the SS TCPA (Junk Fax) Class Action and It’s Taking on Sea Water

On December 9, 2019, The Federal Communications Commission (“FCC”) adopted and released an essential Declaratory Ruling DA 19-1247 in response to a petition brought by Amerifactors Financial Group, LLC, under CG Dockets No. 02-278, & No. 05-338. The Declaratory Ruling struck a major blow to attorneys attempting to certify classes of fax recipients under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Protection Act (“JFPA”).» Read More

Jun 11, 2018

U.S. Supreme Court Prevents Successive Class Actions Filed Out of Time by Limiting the Application of American Pipe & Constr. Co. v. Utah

In its opinion in China Agritech v. Resh, released today, the United States Supreme Court limited its prior tolling holding in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974).  According to the syllabus, the Court held that “Upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.”» Read More

Jan 10, 2018

Some Thoughts on Preventing and Defeating Consumer Class Actions

Consumer class actions can result when multiple plaintiffs have the same claims that are supported by common facts, and the Court determines that the multiple claims can easily and fairly be managed in one litigation.  Plaintiffs’ lawyers strive to find viable class actions, because they can leverage the aggregated claims into a larger risk for the defendant, seek high counsel fee awards, and try to force an early settlement. » Read More

Jan 10, 2018

Developing Defenses to Class Actions Arising from the New Jersey TCCWNA

The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA” or the “Act”) contains potentially powerful language protecting consumers in their contracts and in certain communications with sellers and some others who deal in consumer goods and services.  The Act makes it a violation for a seller in certain dealings to “enter into any written consumer contract or give or display any written consumer warranty, notice, or sign *** which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller *** as established by State or Federal law ***.” » Read More

Jan 10, 2018

Welcome to the NMM Consumer Claim & Product Liability Defense Blog

Welcome to the NMM Consumer Claim & Product Liability Defense Blog! The purpose of this blog is to discuss practical information, strategies, and developments concerning the avoidance and defense of consumer claims, product liability claims, and related class actions or aggregated litigation. » Read More