Does each individual text message in a chain require a separate foundation and basis for admissibility? Examination of available case law suggests that the answer is yes.
A recent English decision, ‘Allianz Insurance PLC v. Sirius International Insurance Corporation’, illustrates how tricky qualification provisions can be and the importance of having such provisions drafted in a clear and unambiguous fashion.
It has been more than two years since Rule 34 was amended, and practitioners need to be mindful of this amendment.
For companies facing TCPA class actions, hope is not lost. In addition to the powerful strategies that are available for obtaining dismissal on the pleadings or negotiating early settlements, companies have an arsenal of strategies they can deploy to defeat class certification.
The gig economy is the wave of the future and, like any new and disruptive industry, there will undoubtedly be growing pains. But a smart legal strategy can lay the groundwork for a far more seamless transition into this era.
This article addresses the text of §1782, pre-’Daimler’ decisions construing the relevant statutory requirement and the recent ‘Sargeant’ decision, and shows how Judge Pauley’s statutory analysis limits §1782’s reach even more significantly than the constitutional analysis of ‘ANZ Bank’.