Alliance Health, Medsource Rx Defeat Prolific TCPA Filer

NY Atty Loses 2nd TCPA Appeal in a Week at 2nd Circ.
– Law360

Law360 covered Manatt’s representation of Alliance Health Networks LLC and Medsource Rx Pharmacy LLC in an appellate victory in the U.S. Court of Appeals for the 2nd Circuit against a Telephone Consumer Protection Act class action suit. A team led by Christine Reilly, co-chair of the firm’s TCPA compliance and class action defense practice, represented the companies throughout the trial.

The plaintiff, who is notable for having filed 13 similar suits in the Eastern District of New York in the past two and a half years, filed the suit on behalf of people who allegedly received robocalls to their land lines or cellphones from the companies over the past four years.

Having already won an individual suit in district court, the panel of Second Circuit judges agreed with Reilly and Peluso that “where judgment has been entered and where the plaintiff’s claims have been satisfied, as they were here when [plaintiff] negotiated the check, any individual claims are rendered moot.”

In addition to Reilly, the team conisisted of partners Kimo Peluso and Ben Shatz, and associates Andrew Case and Diana Eisner.



pursuant to New York DR 2-101(f)

© 2024 Manatt, Phelps & Phillips, LLP.

All rights reserved