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Articles by Renée Dudek
Before Sealing the Deal, Advise and Collaborate With a Litigator Original
Most transactional attorneys have probably heard of the “deal tax,” the idea that most major mergers and acquisitions transactions prompt litigation. In fact, approximately 82% of deals lead to litigation. That means that the country’s most sophisticated M&A lawyers largely are unsuccessful in avoiding litigation.
Supreme Court Decides Lackey v. Stinnie | JD Supra
February 26, 2025 To embed, copy and paste the code into your website or blog: On February 25, 2025, the U.S. Supreme Court decided Lackey v. Stinnie, holding that obtaining a preliminary injunction does not bestow a litigant with the status of “prevailing party,” as required for an award of attorney’s fees under 42 U.S.C. § 1988(b), because a preliminary injunction does not provide an enduring judicially sanctioned change in the legal relationship of the parties.
Supreme Court Decides Republic of Hungary v. Simon | JD Supra
On February 21, 2025, the U.S. Supreme Court decided Republic of Hungary v. Simon, holding that the commercial nexus requirement of the expropriation exception to the Federal Sovereign Immunities Act of 1976 (FISA) — which is an exception to presumptive immunity for foreign states from suit in the United States — is not satisfied by alleging comingling of funds alone.
Supreme Court Decides Fischer v. United States | JD Supra
On June 28, 2024, the U.S. Supreme Court decided Fischer v. United States, No. 23-5572, holding that § 1512(c)(2) of the Sarbanes-Oxley Act of 2002, imposing criminal liability on anyone who “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so” does not apply to all forms of obstructive conduct.
Supreme Court Decides Snyder v. United States | JD Supra
On June 26, 2024, the U.S. Supreme Court decided Snyder v. United States, No. 23-108, holding that federal statute 18 U. S. C. § 666, which makes it a crime for most state and local officials to “corruptly” solicit, accept, or agree to accept “anything of value” “intending to be influenced or rewarded in connection with” any official business or transaction worth $5,000 or more, does not prohibit covered officials from accepting gratuities given based on their past acts.
District Courts Find ATDS Allegations Implausible Following Facebook | JD Supra
Courts in the Southern District of California and District of Arizona recently added to the line of decisions addressing ATDS pleading requirements in the wake of the Supreme Court’s landmark ruling in Facebook v. Duguid. Declining to infer that targeted text messages warranted an inference that the sender used an ATDS, the courts in Wilson v. rater8, LLC, et al., No. 20-cv-1515, 2021 WL 4865930 (S.D. Cal. Oct. 18, 2021), and DeClements v.
Sixth Circuit rejects Creasy line of cases, holding TCPA claims arising between November 2015 and July 2020 are viable | JD Supra
The Sixth Circuit recently became the first federal court of appeals to weigh in on whether plaintiffs can bring TCPA claims for conduct occurring between November 2015 and July 2020—the respective dates on which the unconstitutional government debt exception was passed and the Supreme Court’s decision in Barr v. AAPC declared it unconstitutional and severed it from the statute. Some district courts, such as the District of Louisiana in Creasy v.
Ninth Circuit Vacates Certification of Nationwide Classes, Holding that Defendant Did Not Waive Personal Jurisdiction Challenge by Not Raising It Precertification | Faegre Drinker Biddle & Reath LLP - JDSupra
On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not raising the issue at the pleading stage. See Moser v. Benefytt, Inc., No. 19-56224, 2021 WL 3504041 (9th Cir. Aug. 10, 2021).
Court denies class certification where question of who is a residential subscriber would predominate litigation | JD Supra
A court in the District of Oregon recently granted a defense motion to deny class certification, largely because the issue of whether the putative class representative’s phone number was “residential”—a prerequisite to TCPA protection—would predominate the litigation. In Mattson v. New Penn Financial, LLC, the district court considered plaintiff’s objections to the magistrate judge’s findings and recommendation regarding defendant’s motion to deny class certification.
District Court Departs from Supreme Court Plurality to Find Government-Debt Collector Retroactively Liable Under TCPA — But Rejects Statutory Damages | JD Supra
For nearly five years, the TCPA explicitly excluded from liability calls made to collect government-backed debt. Naturally, government debt collectors relied on this exception and called debtors without fear of TCPA liability. In 2020, the Supreme Court ruled that this exception was unconstitutional and severed it from the statute.
TCPA Plaintiff Argues he wasn’t Injured in Attempt to Dodge Federal Jurisdiction | JD Supra
Usually, it is the plaintiff that argues he or she was injured, not the defendant. But, in an effort to stay in state court, some TCPA plaintiffs have taken the counterintuitive position that they did not suffer an injury in fact under Article III of the U.S. Constitution and, therefore, their claims cannot be heard in federal court.
California District Court Criticizes Creasy, Concluding Barr Decision does not Deprive it of Jurisdiction | JD Supra
A district court from the Central District of California cast its lot against the growing argument that federal courts lack jurisdiction over TCPA claims based on conduct that occurred when the government debt exception was part of the statute. See Shen v. Tricolor California Auto Group, LLC, No. 20-7419, 2020 WL 7705888, at *1 (C.D. Cal. Dec. 17, 2020).
Professional Plaintiff Who Manufactured Claims Can Sue But Can’t Represent Class | JD Supra
A recent denial of a professional plaintiff’s motion for class certification shows that, irrespective of whether such plaintiffs have standing to sue on their own behalf, courts are increasingly skeptical that contrived claims are amenable to class treatment. See Hirsch v. USHealth Advisors, LLC, No. 4:18-CV-00245-P, 2020 WL 7186380, at *1 (N.D. Tex. Dec. 7, 2020). The Facts The plaintiff in this case, Aaron Hirsch, was a real estate agent who used his cell phone for both business and personal use.
A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited | JD Supra
In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312, at *1 (11th Cir. Sept. 17, 2020).
The FCC Clarifies that Certain Communications to COVID-19 Patients Fall with TCPA’s “Emergency Purposes” Safe Harbor | JD Supra
In a Public Notice issued July 28, 2020, the FCC confirmed that the TCPA’s safe harbor for calls or text messages made for “emergency purposes” applies to calls and text messages made by or on behalf of health care entities to communicate with individuals who have tested positive for COVID-19 to provide them with information regarding donating their plasma after recovery.
Pennsylvania Supreme Court Upholds Business-Closure Order, Rules That COVID-19 Is a ‘Natural Disaster’ | JD Supra
As the COVID-19 pandemic continues to sweep across the United States, numerous state governments — including Pennsylvania’s — have ordered all “non-essential” or “non-life-sustaining” businesses to close their brick-and-mortar operations in an effort to slow the disease’s spread.
Second Circuit Joins Ninth Circuit in Adopting Expansive Interpretation of ATDS, But Carves Out Smartphones | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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