Case Updates
Petition for rehearing en banc denied
April 11, 2017
Second Circuit affirms denial of class certification in TCPA action
February 15, 2017
The Second Circuit agreed with the district court’s denial of class certification. As a threshold matter, the court concluded that the named plaintiff had alleged sufficiently concrete harm to establish standing. However, the court agreed with the district court that the class was not “ascertainable” because plaintiff had not identified an objective and reliable means of identifying class members, and further concluded that the named plaintiff’s individual claim had been mooted after the defendant deposited full relief with the district court and judgment was entered in favor of the plaintiff.
U.S. Chamber asks Second Circuit to affirm the denial of class certification in TCPA class action
October 14, 2016
Click here to view the U.S. Chamber's amicus brief.
Anton Metlitsky and Hannah Y.S. Chanoine of O'Melveny & Myers LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Order Denying Class Certification -- Leyse v. Lifetime Entertainment Services (USDC - Southern District of New York).pdf
- Order Denying Reconsideration re Class Certification -- Leyse v. Lifetime Entertainment Services (USDC - Southern District of New York).pdf
- Order Entering Judgment -- Leyse v. Lifetime Entertainment Services (USDC - Southern District of New York).pdf
- Order re Judgment -- Leyse v. Lifetime Entertainment Services (USDC - Southern District of New York).pdf
- Appellant's Principal Brief -- Leyse v. Lifetime Entertainment Services (Second Circuit).pdf
- Public Citizen Amicus Brief -- Leyse v. Lifetime Entertainment Services (Second Circuit).pdf
- U.S. Chamber Amicus Brief -- Leyse v. Lifetime Entertainment Services (Second Circuit).pdf
- Appellant's Reply and Response Brief -- Leyse v. Lifetime Entertainment Services (Second Circuit).pdf
- Summary Order -- Leyse v. Lifetime Entertainment Services (Second Circuit).pdf