Findlaw Case Summaries: Second Circuit U.S. Court of Appeals

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BANKRUPTCY LAW, GOVERNMENT LAW
In Re: U.S. Wireless Data, Inc., No. 063449
Order of U.S. Bankruptcy Court expunging an “unsecured claim” filed by appellant on the ground that it sought additional compensation for a previously resolved “cure claim” is affirmed where: 1) appellant’s argument that the claim was cured without proper notice of consequences was without merit; 2) appellant’s contention that, having failed to raise a timely challenge to the cure amount, it could pursue additional relief by reasserting its claim as a general unsecured obligation of the debtor was without merit; and 3) the “best interests of creditors” test, 11 U.S.C. section 1129(a)(7) afforded appellant no relief in this case.

CIVIL PROCEDURE, CLASS ACTIONS, COMMUNICATIONS LAW, GOVERNMENT LAW
Bonime v. Avaya, Inc., No. 071136
In a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA), dismissal of the complaint is affirmed where: 1) because the TCPA does not specifically authorize recovery of statutory damages in a class action, state courts have held that C.P.L.R. 901(b) bars class actions for statutory damages under the TCPA; and 2) federal courts should apply C.P.L.R. 16 901(b) to putative New York class actions brought for alleged TCPA violations

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