McGuire Law, P.C. Secures U.S. Supreme Court Victory For All Class Actions

RULING ESTABLISHES DEFENDANTS CANNOT FORCIBLY END CLASS ACTIONS BY MAKING INDIVIDUAL SETTLEMENT OFFERS

27 Jan, 2016, 09:59 ET from McGuire Law, P.C.

CHICAGO, Jan. 27, 2016 /PRNewswire/ -- McGuire Law, P.C. won a major victory at the U.S. Supreme Court in the case of Campbell-Ewald Co. v. Gomez in a ruling authored by Justice Ruth Bader Ginsburg and published Jan. 20, 2016.

A majority of the Supreme Court Justices accepted the arguments made by McGuire Law, ruling that defendants cannot force class representatives to accept individual settlements against their will in an effort to prevent the case from going forward as a class action.

McGuire Law partners Myles McGuire and Evan M. Meyers, who have represented Plaintiff Gomez and the class as lead counsel since 2010, led the team that obtained this important ruling for class action jurisprudence.

"This is the right result for the courts and for the country. Class litigation is far too important to our society than to be categorically ended," said Myles McGuire, managing partner of McGuire Law.

"It is up to a court, not a defendant, to decide if a case has merit and should proceed as a class action," added Attorney Evan M. Meyers. "A defendant cannot escape accountability for its actions affecting thousands of people simply by 'picking off' an individual plaintiff."

The Supreme Court's ruling addressed in unprecedented fashion the substantive law of the Telephone Consumer Protection Act (TCPA). The Court accorded deference to the Federal Communications Commission and ruled that vicarious liability exists for violations of the TCPA, a central question in TCPA cases for years.

The Supreme Court also ruled that federal contractors do not have the government's unqualified immunity from liability. Campbell-Ewald, an advertising agency, is alleged to have transmitted unsolicited text message advertisements to more than 100,000 cell phones nationwide on behalf of the U.S. Navy.

Joining McGuire Law on the case was Jonathan F. Mitchell of Stanford, Calif.; Michael J. McMorrow of McMorrow Law, P.C. in Chicago; David C. Parisi of Parisi & Havens LLP in Sherman Oaks, Calif.; and Scott L. Nelson of Public Citizen in Washington, D.C.

About McGuire Law, P.C.
McGuire Law, P.C. is a consumer class action litigation firm with decades of experience handling the prosecution of civil claims in federal and state courts. Visit www.mcgpc.com.

 

SOURCE McGuire Law, P.C.



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