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Giovanniello v. ALM Media

Topic(s): Consumer Justice
Scope of Statutory Rights and Remedies
Docket: 11-1411



The U.S. Court of Appeals for the Second Circuit held in this case that state statutes of limitations apply in federal court in actions brought under the federal Telephone Consumer Protection Act. Following the Supreme Court's decision in Mims v. Arrow Financial Services, which holds that TCPA cases arise under and are governed by federal law, the plaintiff filed a petition for a writ of certiorari in the Supreme Court of the United States requesting that the Second Circuit’s decision be vacated in light of Mims. Having argued Mims, PCLG filed an amicus brief supporting the petition for certiorari, explaining in greater detail why the matter merits the Supreme Court’s attention and why Mims requires reconsideration of the court of appeals’ opinion. We argued that the Court should grant the petition, vacate the decision below, and remand (GVR) for further consideration in light of Mims. In its first order list of the 2012 Term on October 1, 2012, the Supreme Court followed Public Citizen's recommendation and GVR'd.

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