Federal Court Follows Seventh Circuit on Sender Liability, Dismisses TCPA Suit Against Pfizer
Siding with the Seventh Circuit, a federal court in Michigan has granted Shook’s motion to dismiss a Telephone Consumer Protection Act (TCPA) complaint against Pfizer involving faxes sent by another party, finding that even though a Pfizer drug was advertised in the fax, a literal interpretation of the regulation could lead to “absurd and unintended results,” or even “sabotage litigation.” Shook, Hardy & Bacon Partner Becky Schwartz represented Pfizer in the matter.
PTAB Rejects IPR Challenge to Website Security Patent Claims
Shook attorneys Jesse Camacho, Amy Foust, Elena McFarland and Mary Jane Peal won an inter partes review when the U.S. Patent Trial and Appeal Board rejected challenges to claims in a Shook client's asserted patent for a process that can block fraudulent users from access to websites.
Caruso Considers Impact of Briseno On Class Action Filings
Earlier this year, the Ninth Circuit held that a putative class is not required to demonstrate an “administratively feasible” way to determine class membership at the certification stage, joining the Sixth, Seventh and Eighth Circuit’s interpretation of Federal Rule of Civil Procedure 23. But what may that decision mean for defendants? Shook, Hardy & Bacon Associate Siena Caruso explains the potential impact in her review of the Ninth Circuit’s decision in "New Year's Resolution - Ninth Circuit Trims Down Class Certification Requirements in Briseno v. ConAgra Foods, 844 F.3d 1121 (9th Cir. 2017)," in the Federal Bar Association/Orange County Newsletter, Spring-Summer 2017.
Seventh Circuit Dismisses Eye Drop Case for Lack of Injury
The U.S. Court of Appeals for the Seventh Circuit has decertified and dismissed with prejudice a class action alleging the packaging of prescription eye drops produced by several pharmaceutical companies dispensed too much product at once, causing users to waste the excess in each dose.
Shook Attorneys Obtain Summary Judgment on Insurance Company's Duty to Defend
Shook, Hardy & Bacon attorneys obtained summary judgment on the duty to defend for Ohio Security Insurance Company after a policyholder was sued by a telecommunications company in an underlying lawsuit for, among other things, tortious interference with business relationships, federal trademark infringement, fraud and civil conspiracy.