United States Second Circuit

In a class action under the Telephone Consumer Protection Act (TCPA), dismissal of the action for lack of subject matter jurisdiction is affirmed where: 1) to the extent that the Second Circuit's prior holding was based on treating the TCPA "as if it were a state law," Shady Grove's holding that Rule 23 generally preempts C.P.L.R. 901(b) abrogated the court's holding; and 2) the TCPA constituted a delegation by Congress to the states of considerable power to determine which causes of action lie under the TCPA.

Appellate Information

• Decided 08/04/2010
• Published 08/24/2010

Judges

• Guido Calabresi

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Todd C. Bank, Jeremy Gilman