Class Counsel Blog

Showing 3 posts in Commercial Lending & Disputes.

Oui, Mais – “but of course” the 11th Circuit Holds Wife’s Providing Cell Phone Number Was “Prior Express Consent” for Debt Collection Calls

In Mais v. Gulf Coast Collection, 2014 WL 4802457, the Court held that providing a cell number on a hospital admission form was “prior express consent” consistent with previous FCC rulings.  To date, this is the most significant decision involving the binding application of the FCC’s interpretation on rulings that merely providing a cell number is “prior express consent” to be called in certain situations. Read More ›

Liability bifurcated from individuals’ damages: RESPA case proceeds as class action

Last week, the Northern District of California denied a motion to decertify and granted a motion to bifurcate, allowing a case brought against Washington Mutual Bank, FA (“WMB”) and eAppraiseIT (“EA”) to proceed to trial as a class action on liability alone, with questions of individual damages and eligibility bifurcated from the trial for later review on a claim-by-claim basis.  Spears v. First American eAppraiseIT, 5-08-CV-00868-RMW, 2014 WL 4647679 (N.D. Cal. Sept. 16, 2014).  Read More ›

Halliburton Co. V. Erica P. John, Fund, Inc: Supreme Court Continues Its Trend of Allowing Greater Scrutiny in the Class Certification Stage

In Halliburton Co. v. Erica P. John Fund, Inc. – one of this term’s most anticipated securities law cases – the Supreme Court unanimously held that defendants may attempt to defeat class certification of a securities class action by introducing evidence that alleged misstatements had no impact on stock prices. Although the Court declined to overrule its prior decision in Basic Inc. v. Levinson, it follows the Court’s more recent decisions like Wal-Mart v. Dukes and Amgen Inc. v. Connecticut Retirement Plans and Trust Fund by requiring more scrutiny at class certification stage and making it more difficult for securities plaintiffs to achieve class certification. Read More ›

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Attorney Spotlight

Stephen E. Embry is a member of the Firm's class action, privacy and mass tort groups. He frequently defends participants in consumer class actions and mass tort litigation. Stephen is a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems.