Bad Reyes Saga Continues With One-Way Intervention Challenge to Court’s Certification Ruling

While I never take pleasure in another’s misfortune, I am a tad giddy watching the machinations in the Bad Reyes case play out.

First, the Court granted, in part, the Plaintiff’s summary judgment motion concluding that the 2003 and 2008 FCC Predictive Dialer Rulings remained good law and granting partial summary judgment to the Plaintiff on the ATDS issue on that basis.

Next, the Court denied certification of an interlocutory appeal finding that there was no substantial doubt on the question since all district court opinions in the Eleventh Circuit agreed on the issue–which was a questionable decision at the time but became downright comical after a Northern District of Georgia court (within the Eleventh Circuit) subsequently found that ACA Int’l “clearly” invalidated the 2003 and 2008 orders, contrary to Bad Reyes’ pronouncement.

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