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Posts by: Ross Weiner
Can a Text Stand on Its Own? The 5th Circuit Says Yes
We are all Lucas Cranor. In June 2018, Cranor made a purchase at a store called 5 Star, and while there, he gave 5 Star his mobile number. As a reward for his patronage, 5…
- Jun 29
- 4 mins read
The Supreme Court to rule soon on what level of harm plaintiffs must establish to have standing to sue for statutory violations in the absence of actual harm.
Sergio Ramirez was trying to buy a car at a Nissan dealership when he was informed that his name matched two names on a list of suspected terrorists and criminals with whom U.S. companies are…
- Jun 22
- 3 mins read
How Ad Disputes Between Competitors Fuel Consumer Class Actions
This article was originally published on Law360.com By Ross Weiner The National Advertising Division (the advertising industry’s voluntary self-regulator) is as busy as ever this year. Recently, the NAD recommended Spectrum Mobile discontinue claims…
- Jun 11
- 6 mins read
A Wave of Class Actions Under the Illinois Biometric Information Privacy Act is Causing Insurers and Policyholders to Consider Novel Coverage Questions Under General Liability Policies
Over the past few months, you have probably heard about big dollar settlements in cases brought under the Illinois Biometric Information Privacy Act (“BIPA”). From the social media world, Facebook and TikTok both had significant…
- Jun 11
- 6 mins read
Tenth Circuit Blesses Class Action Settlements with “Kicker” and “Clear-Sailing” Provisions
On May 7, 2021, the Tenth Circuit issued an important decision affirming the Western District of Oklahoma’s approval of a class action settlement that contained both a “kicker” and “clear-sailing” provision relative to the award…
- May 28
- 5 mins read
Managing Litigation Risk While Contemplating M&A Activity
When acquiring an entity, it is critical to understand and address the litigation risk that may come with it. On this front, it is difficult to overstate the importance of due diligence. Before you can…
- May 25
- 2 mins read
Mesa Laboratories v. Federal Insurance Co.: The Seventh Circuit Confirms There’s No Way Around the TCPA Insurance Exclusion
In 2018, Mesa Laboratories sent faxes promoting its dental-industry-related services. After receiving one of those faxes, James Orrington, II, a Chicago-area dentist, filed a class action against Mesa alleging that Mesa’s unsolicited faxes were sent…
- May 03
- 3 mins read
The Pitfalls of a Common Fund Settlement
When resolving class actions, plaintiffs and defendants often weigh the pros and cons of a common fund vs. a claims-made structure. (See our previous article describing how claims made settlements are more common than you…
- Apr 07
- 2 mins read
Seventh Circuit Class Action Opt-Outs: Learn and Follow the Rules
On March 11, 2021, the Seventh Circuit issued an important decision in In re Navistar Maxxforce Engines Marketing, Sales Practices, and Products Liability Litigation (No. 20-1821), holding that class members who wish to opt out…
- Apr 05
- 4 mins read
The Cherry on Top: The 11th Circuit Becomes Friendlier to Class Action Plaintiffs
In early February 2021, the 11th Circuit issued a significant ruling, holding in Cherry v. Dometic Corp. that class representatives need not “prove the existence of an administratively feasible method to identify absent class members…
- Mar 01
- 4 mins read
