September 24, 2021

Volume XI, Number 267

Advertisement

September 24, 2021

Subscribe to Latest Legal News and Analysis

September 23, 2021

Subscribe to Latest Legal News and Analysis

September 22, 2021

Subscribe to Latest Legal News and Analysis

September 21, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Procedural Win! Another Court Bifurcates Discovery in a TCPA Class Action

How best to secure the “just, speedy, and inexpensive determination of every action”?  A good place to start is with discovery.

A recent decision from a District Court in Maryland illustrates one tool available to courts and parties looking to save time and money: bifurcation. See Akselrod v. MarketPro Homebuyers, LLC, 2021 U.S. Dist. LEXIS 5253 (D. Md. Jan. 12, 2021).

The case involves a putative class action by Gustave Akselrod alleging two violations of the TCPA by MarketPro Homebuyers: (1) a violation of the TCPA’s prohibitions on ATDS calls to individuals without consent; and (2) calls to individuals on the National Do-Not-Call Registry.

Evaluating MarketPro’s request to bifurcate discovery between liability and class issues, the court reasoned correctly that “whether an ATDS was used and whether messages were telephone solicitations are issues of liability largely distinct from class certification issues (e.g., numerosity, commonality, typicality, and adequacy of representation).”  And, the court explained, limiting discovery “has the potential to simplify the case and to save both parties the time and expense of class discovery, which can be particularly resource intensive.”

Consistent with this sound reasoning, the court bifurcated discovery between liability and class issues. Practically, the decision will help encourage a “just” resolution of the action. Hopefully courts continue to adopt this prudent approach to discovery in TCPA class actions.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 22
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Brent Owen Energy Litigation Attorney Squire Patton Boggs Denver, CO
Senior Associate

Brent Owen represents energy, mining, construction, consumer services, and political clients in high-stakes litigation at trial and on appeal. Brent’s college experience as a full-scholarship Division I offensive lineman allows him to appreciate the value of consistent hard work in achieving a favorable result.

His experience includes all aspects of litigation, including trials in both state and federal courts before judges and juries and in arbitration tribunals, including the International Chamber of Commerce and the American Arbitration Association. A former law clerk to the...

303-894-6111
Advertisement
Advertisement
Advertisement