Sixth Circuit Affirms Dismissal of TCPA Suit Against Pfizer
The Sixth Circuit has affirmed the dismissal of a putative class action lawsuit against Pfizer alleging violations of the Telephone Consumer Protection Act (TCPA), ruling that it has no liability for faxes sent by a third party without its knowledge, even though the faxes contained advertisements for Pfizer products.
Shook Obtains $10 Million Settlement in Deceptive Trade Practices Case
For the third time this year, Shook attorneys have obtained a multimillion-dollar settlement for electronic security provider ADT in a case involving a competitor’s deceptive trade practices. Before trial began, the competitor’s last settlement offer was $2 million; after two days of proceedings, the case settled for $10 million.
Shook Wins Appellate Victory in TCPA Suit Against "Professional Class Plaintiff"
Shook attorneys obtained a significant victory in a Telephone Consumer Protection Act (TCPA) class action when the Appellate Court of Illinois, First District, affirmed summary judgment in favor of a client sued for damages related to the sending of allegedly unsolicited faxes.
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.
Court Overturns Jury Verdict Against Shook Client
Shook Partner Chip Sander and Of Counsel Dan Rohner obtained reversal of a jury verdict and damages for abuse of process when a Colorado appeals court held that Shook’s client should have received a directed verdict on the issue as a matter of law.