October 17, 2021

Volume XI, Number 290

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October 15, 2021

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October 14, 2021

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Its Official: Defendant in $267MM TCPA Judgment Settles Case and Conditionally Drops Appeal

Well the huge Creasy challenge to the Ninth Circuit Court of Appeals just ended in a dud.

Much like that time the Defendant settled Marks while it was pending cert review to the US Supreme Court, Rash Curtis-the defendant with a huge $267MM TCPA judgment— has apparently come to terms with the Plaintiffs in the suit and will shortly be writing a (presumably) large-but-smaller-than-it-could-have-been check. That strips TCPAWorld denizens of their best chance of getting the Ninth Circuit’s prompt take on Creasy and the viability of the TCPA post-AAPC.

Details of the settlement are not yet public but the critical appeal–which raised Creasy issues before the Ninth Circuit Court of Appeals–has been put on hold. Here’s today’s filing on the subject: Rash Curtis Settlement

That makes Lindenbaum the only Circuit Court of Appeals level case currently weighing Creasy–and makes the battle over recusal of Judge Stranch all the more meaningful. 

We’ll keep an eye on all of this.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 231
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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...

213-689-6510
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