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Archives for John G. Papianou

John G. Papianou

John G. Papianou

Litigation Department Chair and Strategic Planning Partner / Philadelphia

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P: 215-772-7389

Montgomery McCracken Adds New Litigation Vice Chair In NY

February 5, 2021

Law360 Pulse
By Adrian Cruz

A former military prosecutor and special assistant U.S. attorney with a specialty in cybersecurity matters joined Montgomery McCracken Walker & Rhoads…

Montgomery McCracken Adds Partner Timothy J. Pastore to New York Office

February 2, 2021

Montgomery McCracken is pleased to announce the addition of Timothy J. Pastore to its Litigation Department. Pastore will serve as…

Just Sign the Authorization

September 29, 2020

Plaintiffs be warned – failing to sign an authorization permitting litigants access to your consumer report may result in sanctions….

Montgomery McCracken Achieves Victory for Natural Gas Pipe Manufacturer in Nationwide Class Action

August 27, 2020

Montgomery McCracken is pleased to announce that on August 13, 2020, our Class Action Defense attorneys secured a complete victory…

What’s Happening in FCRA Class Actions

June 30, 2020

PBSA Journal
By Erin A. Novak and John G. Papianou

Originally prepared for and published by PBSA in the May-June 2020 edition of the Journal. Read the full issue here:  https://thepbsa.org/resources/publications/ …

Nine Montgomery McCracken Attorneys Selected to the 2020 Pennsylvania Super Lawyers List

May 28, 2020

Montgomery McCracken is pleased to announce that nine of the firm’s attorneys have been selected to the 2020 Pennsylvania Super…

Restaurants sue the Pennsylvania Liquor Control Board over wine handling fees

May 7, 2020

The Philadelphia Inquirer
By Harold Brubaker

Two Pennsylvania restaurateurs are leading a proposed class action lawsuit in state Commonwealth Court that would force the Pennsylvania Liquor…

Liquor Board Must Allow for Direct Sales of Specialty Wines, Court Rules

May 1, 2020

The Legal Intelligencer
By Max Mitchell

The Pennsylvania Liquor Control Board must allow for direct deliveries of specialty wines, a judge has ruled following the Commonwealth Court’s first…

Court Tackles Direct Wine Deliveries Amid COVID-19 Shutdown in Its First Livestreamed Session

April 28, 2020

The Legal Intelligencer
By Max Mitchell

The YouTube channel was divided into nine panels, with six attorneys, one court crier and one court reporter looking on from different…

Wine dealers sue the PLCB over allegedly illegal shipping restriction

April 16, 2020

The Philadelphia Inquirer
By Harold Brubaker

Two wine dealers have sued the Pennsylvania Liquor Control Board in Commonwealth Court for emergency relief, alleging that the agency…

13 Montgomery McCracken Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

May 9, 2019

Montgomery McCracken is pleased to announce that 13 of the firm’s attorneys have been selected to the 2019 Pennsylvania Super…

Montgomery McCracken Launches Cannabis Law Practice Group

January 24, 2019

Montgomery McCracken is pleased to announce the launch of its Cannabis Law Practice Group. The group is dedicated to providing…

Montgomery McCracken’s Class Action Defense Group Named a Litigation Department of the Year by The Legal Intelligencer

June 19, 2018

Pictured – back row standing (left to right): Brett M. Waldron, David F. Herman, Erin A. Novak, Peter Breslauer, Patrick…

21 Montgomery McCracken Attorneys Selected to the 2018 Pennsylvania Super Lawyers List

May 18, 2018

Montgomery McCracken is pleased to announce that 21 of the firm’s attorneys have been selected to the 2018 Pennsylvania Super…

Eastern District of Missouri Dismisses Exxon Mobil FACTA Lawsuit

April 18, 2018

On April 13, 2018, the U.S. District Court for the Eastern District of Missouri dismissed claims that Exxon Mobil and…

Ninth Circuit Affirms Dismissal of Taxi Receipt FACTA Lawsuit for Lack of Injury and Standing

March 9, 2018

On March 9, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the…

Pa. Ruling May Spur More Class Suits Against In-State Cos.

February 23, 2018

Law360
By Dan Packel

In the wake of a recent Pennsylvania Supreme Court finding that nonresidents can sue Pennsylvania businesses over out-of-state transactions under the state’s…

The End May Be Nigh For FACTA Claims

October 11, 2017

Law360
By John Papianou and Erin Novak

Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory…

Pennsylvania Powerhouse: Montgomery McCracken

September 29, 2017

Law360
By Dan Packel

Montgomery McCracken Walker & Rhoads LLP’s Philadelphia litigators gained national attention in the last year for their role knocking down class…

3rd Circ. TCPA Ruling Saps Spokeo Defenses In Class Actions

July 12, 2017

Law360
By Dan Packel

A recent Third Circuit ruling allowing a woman to bring a suit under the Telephone Consumer Protection Act over a…

Microsoft Wins Class Action Decision in the U.S. Supreme Court

June 15, 2017

On June 12, 2017, the United States Supreme Court decided Microsoft Corp. v. Baker and ruled unanimously that the federal…

21 Montgomery McCracken Attorneys Selected to the 2017 Pennsylvania Super Lawyers List

May 12, 2017

Montgomery McCracken is pleased to announce that 21 of the firm’s attorneys have been selected to the 2017 Pennsylvania Super…

Post-Spokeo, Not All Statutory Violations Are Created Equal

February 10, 2017

Law360
By John G. Papianou

When the U.S. Supreme Court decided Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year…

Montgomery McCracken Obtains Dismissal of Class Action in Stainless Steel Tubing Lawsuit

January 18, 2017

Montgomery McCracken is pleased to announce that the U.S. District Court for the Western District of Missouri has granted a…

Attorneys React To Supreme Court’s Spokeo Ruling

May 17, 2016

Law360

On Monday, the U.S. Supreme Court ruled that a consumer could not sue Spokeo Inc. for mere technical violations of…

1st Circuit opens door to ‘future harm’ standing

November 24, 2014

Massachusetts Lawyers Weekly
By Eric T. Berkman

Despite finding that a homeowner lacked standing to bring a products liability claim against the manufacturer of tubing based on…

First Circuit: Allegations in Class Action Against Titeflex ‘Too Speculative’

November 14, 2014

Washington Examiner
By Legal Newsline Staff Writer

An appeals court ruled a class action complaint against Titeflex Corporation over the alleged risk of harm of one of…

Integrity Staffing Solutions v. Busk surfaces issues that may affect many employers’ security practices

October 9, 2014

The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer…

Estate of Man Who Fell 10 Stories to His Death Settles

August 5, 2014


By The Legal Intelligencer

Zarzecki v. Walnut Park Plaza $4.45 Million Settlement Date of Verdict: July 17. Court and Case No.: C.P. Philadelphia No….

Some Sanity Amid Skyrocketing TCPA Litigation

April 11, 2014

Law360

Law360, New York (April 11, 2014, 6:46 PM ET) — Like the Fair and Accurate Credit Transaction Act before it,…

Delaware General Corporation Law Amended to Provide (1) New Procedure for Curing Defective Corporate Acts and (2) Related Proceedings in Court of Chancery

March 24, 2014

Effective April 1, 2014, newly-enacted Delaware General Corporation Law (“DGCL”) Sections 204 and 205 will provide a statutory process by…

Year in Review: Non-competes 2013

January 16, 2014

2013 was a busy year for the world of non-competes.  The United States Supreme Court, Illinois Supreme Court, Virginia Supreme…

Steel Tubing Maker Triumphs Over Fire Risk Class Action

January 10, 2014

Law360
By Andrew Scurria

Corrugated stainless steel tubing maker Titeflex Corp. on Tuesday defeated a putative class action alleging its Gastite system puts homes…

Montgomery McCracken Launches Class Action Defense Blog

November 22, 2013

Montgomery McCracken is pleased to announce that the firm has launched Ahead of the Class, a legal blog focused on…

Delaware Court of Chancery Upholds Facial Validity of Board-Adopted Delaware Forum Selection Clauses Contained in Bylaws

July 11, 2013

The Delaware Court of Chancery recently upheld the validity of bylaw amendments adopted without shareholder approval requiring that suits pertaining…

Can Defendants in a Securities Fraud Case Still Attempt to Defeat Class Certification by Presenting Evidence to Rebut a Presumption of Reliance?

April 18, 2013

The Supreme Court’s recent decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___, 133 S….

Pennsylvania Supreme Court Reinstates Decertification of “Rapid Refund” Claims, Citing “The Inherently Discrete and Subjective Aspects of Marketing and Customer-Relations Impact”

October 4, 2012

On September 7, 2012, the Pennsylvania Supreme Court effectively ended a 19-year effort to litigate state-law claims arising from H…

John G. Papianou to Serve on Curtis Institute Board of Trustees

September 13, 2012

John G. Papianou, partner with Montgomery McCracken Walker & Rhoads LLP, will serve as a member of the Board of Trustees of…

Third Circuit Defines FLSA Plaintiffs’ “Second-Stage” Burden of Proof for Collective Action Certification

September 12, 2012

Although collective actions under the federal Fair Labor Standards Act have been around for decades, the federal appellate courts have…

Third Circuit Vacates Certification in Class Action Involving Defective Tires

August 14, 2012

Last week, the United States Court of Appeals for the Third Circuit issued an important decision clarifying the proof needed…

Third Circuit Rejects Division of Settlement Class Into Two Groups Because Group Receiving Lesser Benefits Not Adequately Represented

June 13, 2012

On May 31, 2012, the Third Circuit reversed the certification of a settlement class of Volkswagen and Audi owners because…

New Jersey Federal Court Denies Class Certification in Cracked Screen Case

April 11, 2012

Last month, New Jersey federal Judge Anne Thompson denied class certification in a proposed class action lawsuit involving cracked screens…

Third Circuit Affirms Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 3, 2012

Last week, the U.S. Court of Appeals for the Third Circuit issued an important decision making clear that a defendant…

Proposed Amendments to New Jersey’s Consumer Fraud Act Could Rein In Class Actions Against New Jersey Businesses

August 17, 2011

As many courts have recognized, New Jersey’s Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (“NJCFA”), is one of the strongest…

Montgomery McCracken Secures Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 22, 2011

Rejecting a claim that printing a credit card’s month of expiration-but not the year-on a sales receipt violates federal law,…

Third Circuit Vacates Approval of Class Action Settlement Because Factual Record On Fairness Was Inadequate

December 22, 2010

A new Third Circuit decision makes clear that the standards for a “fair, reasonable, and adequate” settlement under Federal Rule…

Third Circuit Rejects Settlement Class Certification Because District Court Conducted an Unnecessary Merits Inquiry in Addressing the Adequacy of the Named Plaintiffs

December 16, 2010

The Third Circuit’s landmark decision in In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2008), put that…

Third Circuit Rejects “Fraud Created The Market” As Basis For Class Certification

November 1, 2010

In a case of first impression for the Court, the Third Circuit has rejected the so-called “fraud-created-the-market” theory as a…

En Banc Third Circuit to Review Challenge to Nationwide

October 6, 2010

The Third Circuit has granted rehearing en banc in a case that could clarify the standards for certifying settlement classes…

Third Circuit Vacates Nationwide Settlement Class of Indirect Purchasers Due to Varying State Laws

August 5, 2010

A recent Third Circuit decision will make it harder for plaintiffs to get a nationwide class certified for claims under…

Montgomery McCracken Elects New Partners for 2010

March 1, 2010

Lathrop B. Nelson, III and John G. Papianou Named Newest Firm Partners Montgomery McCracken today announced that the firm has…