Damages Issue Dooms T-Mobile Class Action, 11th Circ. Says

Law360, New York (August 23, 2012, 2:44 PM EDT) -- The Eleventh Circuit on Wednesday upheld a lower court’s refusal to certify a class action accusing T-Mobile USA Inc. of unlawfully reactivating lost or stolen cellphones, saying the plaintiffs failed to address concerns over how proposed damages were to be determined.

Though the district court cited five grounds for denying class certification, the appeals court said it was unnecessary to rule on any issue other than the complaint's lack of a concrete proposal or methodology to determine damages, as the plaintiffs' failure to challenge dismissal on...
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