Posts in Choice of Law.

Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant's Motion to Reconsider denial of its Motion to Dismiss Plaintiff's TCPA class action Complaint or in the alternative Plaintiff's class action allegations on the grounds that applicable state law prohibited maintenance of such proceedings. In the alternative Defendant requested that the court certify its Order for interlocutory appeal. Refusing to reconsider its Order, the court heeded the Third Circuit's directive in Landsman & ...

Goodrich Management Corp. v. AFGO Mechanical Services, Inc., Civ. Nos. 09-43 (WJM), 11-2769 (WJM) (D.N.J. Dec. 14, 2012) Pending before the court were motions to deny class certification in two separate cases. Defendants argued that: (1) Federal courts must enforce state law restrictions on bringing TCPA claims; (2) Under New Jersey law, private TCPA class actions are prohibited; and (3) Because New Jersey law applies to Plaintiffs' class claims, denial of class certification was appropriate as a matter of law. Plaintiffs opposed the motions, arguing that Federal Rule of Civil ...

Bais Yaakov of Spring Valley v. Peterson's Nelnet, LLC, No. 11-00011, 2012 WL 4903269 (D.N.J. Oct. 17, 2012) Plaintiff's class action complaint placed at issue allegedly unsolicited fax advertisements Defendant purportedly sent in violation of the TCPA. Defendant moved to dismiss the complaint, or in the alternative to dismiss the class action component of the complaint, arguing that New York Civil Practice Law § 901(b), which prohibits maintenance of class actions where statutory penalties are sought unless the statute specifically authorizes class actions, prohibited ...

Bank v. Sparks Energy Holdings, LLC, Civ. No. 4:11-cv-4082, 2012 WL 4097749 (S.D. Tex. Sept. 13, 2012) Plaintiff, a citizen of the State of New York, filed a purported class action lawsuit in Texas against Defendant. At issue was an allegedly unsolicited voice message Plaintiff received on his residential phone line stating: "Hello, this is [omission in the original] pertaining to your current electric bill with Con Edison, reference number 42648967. We are now able to offer you a lower rate on your electricity bill through the recent government deregulation. Press five to be ...

Posted in: Choice of Law, Texas

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