Law360, New York (March 25, 2014, 5:56 PM EDT) -- Discovery is expensive and so defense lawyers often look for ways to help clients achieve early dismissal of cases to avoid that expense. An encouraging trend is emerging of judges' rejection of class allegations prediscovery, and the latest example is Labou v. Cellco Partnership (2014).
In Labou, a single plaintiff filed a putative class action against Verizon Wireless LLC, alleging violation of the Telephone Consumer Protection Act. The plaintiff claimed that Verizon Wireless had violated the automated telephone dialing system provision of the TCPA by calling her cell phone to collect wireless telephone bills owed by her former brother-in-law. The plaintiff claimed...
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