Andrew Scarafile

Dec 23, 2024 | jdsupra.com | Andrew Scarafile

A recent decision from the U.S. District Court for the Southern District of Indiana demonstrates how a defendant may successfully challenge personal jurisdiction when the facts fail to show vicarious liability through a principal-agent relationship. In Roehrman v. McAfee, LLC, No. 23-2146, 2024 WL 5008043, at *2 (S.D. Ind. Dec. 6, 2024), the plaintiff sued McAfee, claiming TCPA violations based on allegedly unsolicited text messages that advertised McAfee’s services.

Jun 6, 2024 | jdsupra.com | Christopher Jefferies |Katrina Meyer |Andrew Scarafile

Current polling suggests that a populist coalition of right-wing parties could be on track for a majority for the first time in European Parliament (EP) history. This could have a large impact on the legal direction of the EU. Cooperation on the right should not be taken for granted, as the European People’s Party has clearly stated they will only work with pro-EU, pro-NATO and pro-Ukraine parties. This could lead to fragmentation of the right.

Apr 4, 2024 | jdsupra.com | Matthew Adler |Andrew Scarafile

Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL 1251108 (E.D. Wis. Mar.

Dec 5, 2023 | jdsupra.com | Michael Daly |Anthony F Jankoski |Andrew Scarafile

Two recent rulings in Klassen v. Solid Quote LLC, No. 23-0318, 2023 WL 7544185 (D. Colo. Nov. 14, 2023), and Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL 7525900 (S.D. Ohio Nov. 14, 2023), emphasize the need to challenge overbroad and unascertainable class definitions in TCPA suits. In both cases, the defendants’ motions to dismiss resulted in rulings that effectively narrowed the plaintiffs’ proposed classes.