December 7, 2021

Volume XI, Number 341


December 06, 2021

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CALLED IT: Eleventh Circuit Agrees to En Banc Review of Hunstein Ruling

I love being right all the time.

You love it too, except having to hear me brag about it.

October 28, 2021: “That said, this amended ruling is very likely to lead to an en banc review. Hang in there.”

Anyway, so here’s the real news–the Eleventh Circuit today vacated the amended panel ruling and granted en banc review. So the Defendant–and all the amici that can fit in the boat–will have their say before the fully assembled Avengers squadron over at the Eleventh Circuit Court of Appeals.

Obviously if you are facing a Hunstein class action now would be a great time to move to stay it pending the outcome of the en banc review.

And if you’re thinking about filing a new Hunstein class action, now would be a good time to take up a hobby instead. 100% chance Eleventh Circuit reverses opinion. Likely on standing grounds–which is a good news bad news situation, but that’s a topic for another day.

You can read the order vacating Hunstein here: Hunstein

I’m not mentioned by name in the order for some reason, but I’m sure that was an oversight.

Here if you have questions.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 321

About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...