Legal Opinion
Bonime v. Avaya, Inc.
Court of Appeals for the Second Circuit
Decided October 31, 2008No. Docket 07-1136-cvPublishedCited by 29 opinions
1Opinion of the Court
B.D. PARKER, JR., Circuit Judge:
Harold Bonime brought a putative class action in federal court in New York alleging violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) (“TCPA”). Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The district court dismissed the complaint because New York law does not permit private actions for violations of the TCPA to be brought as class actions. See New York Civil Practice Law and Rules 901(b). We agree that N.Y. C.P.L.R. 901(b) applies to such suits, even when a plaintiff has invoked federal…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Starbucks Corp. v. Wolfe's Borough Coffee, Inc.Court of Appeals for the Second Circuit · 2009
- Cordiano v. Metacon Gun Club, Inc.Court of Appeals for the Second Circuit · 2009
- Gross v. RellCourt of Appeals for the Second Circuit · 2009
- Belfiore v. Procter & Gamble Co.District Court, E.D. New York · 2015
- Giovanniello v. ALM Media, LLCCourt of Appeals for the Second Circuit · 2013
24 more not listed; retrieve them via the Exa API.