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Sep 17, 2024 | 
jdsupra.com | Matthew Adler |Michael Daly |Emanuel McMiller
A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v. Sovereign Pest Control of TX, Inc., No. 4:23-cv-00675, 2024 WL 3851229 (S.D. Tex. Aug. 10, 2024).
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Jun 7, 2024 | 
jdsupra.com | Emanuel McMiller |Jane Wilson |Tyler Young
The First Circuit held that Law 80 — which immunizes Massachusetts colleges and universities for monetary claims based on certain actions during the Spring 2020 semester — was retroactively applicable, did not violate due process, and barred the plaintiffs’ claims.
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May 20, 2024 | 
jdsupra.com | Michael Daly |Emanuel McMiller
In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew Perrong. Perrong v. Montgomery Cnty. Democratic Comm., No. 23-2415, 2024 WL 1651274, 2024 U.S. App. LEXIS 9238 (3d Cir. Apr. 8, 2024) (unpublished).
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May 3, 2024 | 
jdsupra.com | Angela Fogt |John Gardner |Emanuel McMiller
The purpose of Georgia's and Kentucky’s new donor intent protection acts is to allow donor standing for violations of donor-imposed restrictions for endowment funds that are governed by an endowment agreement. Georgia and Kentucky are now the third and fourth states to allow donor standing for endowment violations, following Iowa and Kansas. The Ohio and Vermont legislatures are considering similar efforts.
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Mar 27, 2024 | 
jdsupra.com | Angela Fogt |John Gardner |Emanuel McMiller
A Missouri state court allowed Webster University to reclassify various donor-restricted endowment funds as unrestricted endowment funds so the funds could be held as collateral to help Webster meet a minimum liquidity ratio requirement.
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Mar 13, 2024 | 
jdsupra.com | Michael Daly |Marsha J. Indych |Emanuel McMiller
HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. HB 761 also stated that it should be applied retroactively to cases that were styled as class actions so long as a class had not been certified before HB 761’s effective date. That retroactivity provision has caused a split between Florida’s federal courts and its state courts.
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Feb 27, 2024 | 
jdsupra.com | Matthew Adler |Emanuel McMiller
A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to sufficiently plead the traceability element of standing. Thompson v. Vintage Stock, Inc., No. 4:23-cv-00042-SRC, 2024 WL 492052 (E.D. Mo. Feb. 8, 2024).
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Oct 27, 2023 | 
jdsupra.com | John Gardner |Emanuel McMiller |Heather Moore
The purpose of Kansas’ Donor Intent Protection Act is to provide recourse to an individual donor (or legal representative) when a recipient fails to follow restrictions in the endowment agreement. Kansas is now the second state to allow donor standing under UPMIFA, following Iowa, which allowed for donor standing when it first adopted UPMIFA in 2008.
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Oct 25, 2023 | 
jdsupra.com | Matthew Adler |Emanuel McMiller
Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff plausibly alleged that he received multiple calls using a prerecorded voice, he did not sufficiently allege facts to support his request for either treble damages or injunctive relief. Blair v. Assurance IQ LLC, No. 2:23-00016-KKE, 2023 WL 6622415 (W.D. Wash. Oct. 11, 2023).
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Oct 5, 2023 | 
law360.com | Patrick Reilly |Elsa M. Bullard |Emanuel McMiller
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