Monthly Archives: October 2018

Maurice Wutscher Attorneys Published in Business Law Today Month-In-Brief

Oct. 19, 2018 — Maurice Wutscher attorneys Eric Tsai and Ernest P. Wagner have written articles for the September issue of Business Law Today’s Month-In-Brief: Business Regulation & Regulated Industries.

In “CAFA Amount in Controversy Includes Future Attorney’s Fees,” Mr. Tsai discusses a decision by the U.S. Court of Appeals for the Ninth Circuit holding that the amount in controversy for jurisdiction under CAFA includes all attorney’s fees, including future fees, and writes of a decision by the U.S. Court of Appeals for the Eighth Circuit that CAFA jurisdiction cannot be defeated by a pre-class certification damages stipulation limiting attorney’s fees but must also include future attorney’s fees.

“These rulings have practical implications for parties challenging federal jurisdiction under CAFA in complex class actions,” he writes.

In “7th Circuit Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim,” Mr. Wagner recaps the U.S. Court of Appeals for the Seventh Circuit’s decision in Portalatin v. Blatt, Hasenmiller, Leibsker & Moore, LLC, which held that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s FDCPA claims.

“The Seventh Circuit held that Plaintiff was only entitled to recover FDCPA statutory damages capped at $1,000 for her indivisible injury once,” he writes. Thus her settlement mooted her FDCPA claim and she was not entitled to attorney’s fees or costs.

TCPA Webinar to Give Guidance on Use of ATDS Following 9th Circuit Ruling

Oct. 1, 2018 — Maurice Wutscher attorney Donald Maurice will discuss how to properly interpret the Telephone Consumer Protection Act following the Ninth Circuit’s ruling in Marks v. Crunch San Diego, LLC during a webinar Wednesday, Oct. 10 at 11 a.m. PT / 2 p.m. ET.

He will be joined by Abbas Kazerounian of Kazerouni Law Group APC who represented the consumer in Marks, where the principal issue on appeal was whether a text message sending device qualified as an ATDS for TCPA purposes.

In its decision, the Ninth Circuit adopted a broad definition of ATDS under the TCPA, holding that the term automatic telephone dialing system as defined by the federal act includes devices that store telephone numbers to be called, “whether or not those numbers have been generated by a random or sequential number generator.”

The webinar will be presented by the American Bar Association’s Consumer Financial Services Committee. To join the webinar, click here.