"TCPA Class Certification Denial Exposes Major Spousal Scheme" Is a Statement of Opinion ...

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By Eugene Volokh

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Circuit (Judges Jon O. Newman, Peter W. Hall, and Gerard E. Lynch)

In 2015, plaintiff Shimshon Wexler brought a Telephone Consumer
Protection Act ("TCPA") class action in the Eastern District of New
York against AT&T, with his wife, Dr. Eve Wexler, as the proposed lead
plaintiff. AT&T filed a letter seeking a conference on a contemplated
motion to strike, writing that "unless and until Shimshon Wexler both
withdraws as counsel and renounces any interest in any future award of
attorney's fees in this case, Dr. Wexler is an inadequate class
representative as a matter of law."


Bill Horne
Telecom Digest Moderator

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