Archive: October 27, 2016

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Second Circuit Finds Offer of Judgment on Individual Claims Negates Standing for Class

Second Circuit Finds Offer of Judgment on Individual Claims Negates Standing for Class

By Joseph C. Wylie II, Molly K. McGinley, and Nicole C. Mueller

The Second Circuit recently refused to allow a plaintiff to proceed with a putative class action brought under the Telephone Consumer Protection Act (“TCPA”) in Bank v. Alliance Health Networks, LLC, finding that he lacked standing after the District Court entered judgment for Defendant in the amount of an unaccepted offer of judgment on Plaintiff’s individual claims.

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