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Court Watch
Inconsistent Testimony Made Plaintiff Not Typical Of Proposed Class
The Federal District Court in the Southern District of California denied class certification in a case in which an individual claimed violations of state and federal laws prohibiting text messages to consumers without their consent. Ryan v. Jersey Mike's Franchise Systems, 2014 U.S. Dist. LEXIS 42677 (S.D. Cal. March 28, 2014). Jersey Mike's, a sandwich shop franchisor, has a loyalty program through which customers can collect points and redeem them for free products. Jersey Mike's and its franchisees use an automatic dialing service to send text messages to loyalty program members who have provided their cell phone numbers.
The named plaintiff in this case was issued a loyalty card on May 16, 2013, at a franchised Jersey Mike's store. On May 28, 2013, he received a promotional text message from the store. The plaintiff followed instructions on the text message to opt out of further messages, and he received no further messages from Jersey Mike's or its franchisees. He then filed a class action lawsuit claiming violations of state and federal laws prohibiting text messages delivered by automatic dialing services without the consent of the recipient, alleging that the messages are aggravating and require consumers to pay their cell phone providers for the unwanted messages. At his deposition, the plaintiff testified unequivocally that he did not provide his cell phone number when he received his loyalty card. In his declaration accompanying his opposition to the motion to deny class certification, however, he stated that he did not remember giving his cell phone number, but was not 100% sure.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.