MM&D Partner Thomas A. Musi successfully defends claim for federal class certification

Partner Thomas A. Musi recently successfully defended a motion to certify a class action under Federal Rule of Civil Procedure 23, in which the plaintiff sought to certify a class against his client under the Telephone Consumer Protection Act.  In doing so, Attorney Musi successfully argued that the plaintiff failed to show any common evidence among the proposed class members.  Rather, he convinced the court that the proposed members of the class had individualized issues of consent that would likely result in thousands of “mini-trials” if the class was certified.