Florida Court Dismisses Telemarketing Claims For Failure To Plead Injury; Defendant Appeals To Eleventh Circuit

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III.

In December, the saga continued, with a federal court in Florida finding that the plaintiff did not adequately allege injury despite receiving five unsolicited text messages from the defendant between November 2020 and July 2021. In Muccio v. Global Motivation, Inc., the plaintiff filed a five-count class action […]

By | February 10th, 2023 ||

Goodwin Wins Appeal Of Certification Of Nationwide Class In ERISA Lawsuit

On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the Teachers Insurance and Annuity Association of America (TIAA) are prohibited transactions under ERISA. This decision provides guidance beyond the ERISA context regarding what courts are required to consider when conducting a “predominance” inquiry before certifying a class under Rule 23(b)(3) […]

By | February 6th, 2023 ||

Not So Fast! New Jersey UPL Committee Puts Limits Of Temporary Practice And Shuts Down Recent Appellate Division Ruling

As many lawyers know, one of the one of the most pressing challenges for the legal profession right now is multijurisdictional practice and the unauthorized practice of law (UPL). For the latest in the ongoing saga of “is it UPL?” we turn to New Jersey where the Supreme Court’s Committee on the Unauthorized Practice of Law issued UPL Opinion 60. The Opinion reached the following conclusion:

Out-of-state lawyers who provide lower-level assistance, such as researching legal […]

By | February 2nd, 2023 ||