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Eleventh Circuit Reaffirms Rejection of "Piggybacking" in Class Actions
Michael F. Dolan,Daniel John Fabiano,Gregory R. Hanthorn,J. Todd Kennard, August 11, 2015
A recent Eleventh Circuit decision that rejected a putative class representative's attempt to "piggyback" onto a previous class action may provide a defense to companies faced with seriatim class actions. The court found that the pendency of a previous class claim-even where the class was...
"Fail Safe" Class Definitions Are Improper Under the Telephone Consumer Protection Act
Michael F. Dolan,Daniel J. Fabiano,J. Todd Kennard, May 12, 2015
Companies faced with Telephone Consumer Protection Act ("TCPA") class action claims should consider whether the plaintiff's proffered class definition is subject to attack as being an improper "fail-safe" class, i.e., a class in which the class is (impermissibly) defined so that...