5th Circuit a win For Acaci SEP Pool, the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court’s ruling that Continental failed to state a claim under the Sherman Act antitrust laws thereby dismissing the case.
While the Second Circuit’s affirmance of the dismissal of the five lawsuits is certainly a favorable result for the business community, the narrow basis for the ruling a lack of standing could give life to some of the remaining lawsuits.
the Third Circuit Court of Appeals held today that a violation of the TCPA does not automatically confer standing. This is the first time the Court has reached the issue directly–although it did so in the context of an unpublished decision.