Legal Opinion
Gene and Gene LLC v. BIOPAY LLC
Court of Appeals for the Fifth Circuit
Decided August 14, 2008No. 07-30195PublishedCited by 135 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This case comes to us as a Rule 23(f) interlocutory appeal from an order certifying a class of plaintiffs who allege violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, specifically unsolicited advertisements sent from one fax machine to another. Two questions are before the court. The first question, raised for the first time on appeal, is whether the district court had subject-matter jurisdiction over this case. We hold that the district court had subject-matter jurisdiction under provisions of the Class Action Fairness Act of 2005…
2Cases cited19 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Snyder v. HarrisSupreme Court of the United States · 1969
- Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
- Allison v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1998
14 more not listed; retrieve them via the Exa API.
3Cited by135 opinions
- In Re Zurn Pex Plumbing Products LiabilityCourt of Appeals for the Eighth Circuit · 2011
- Sacred Heart Health Systems, Inc. v. Humana Military Healthcare Services, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc.Court of Appeals for the Sixth Circuit · 2017
- Ira Holtzman v. Gregory TurzaCourt of Appeals for the Seventh Circuit · 2013
- Landsman & Funk PC v. Skinder-Strauss AssociatesCourt of Appeals for the Third Circuit · 2011
130 more not listed; retrieve them via the Exa API.