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Lynn Adelman

23-MD-3078 Generac Solar Power Systems Marketing, Sales Practices, and Products Liability Litigation

23-MD-3078 Generac Solar Power Systems Marketing, Sales Practices, and Products Liability Litigation

Decision and Order

The court decided a partial motion to dismiss a class action complaint in a consumer multidistrict litigation alleging economic losses caused by a defective solar energy power system.

23-MD-3078 Generac Solar Power Systems Marketing, Sales Practices, and Products Liability Litigation

23-MD-3078 Generac Solar Power Systems Marketing, Sales Practices, and Products Liability Litigation

Decision and Order

The court determined that it had diversity and supplemental subject-matter jurisdiction to adjudicate a claim under the Magnuson-Moss Warranty Act even though the claim did not satisfy the amount-in-controversy and other requirements of the Act’s jurisdiction-conferring provision.

21-CV-326 Spencer v. Meisner

21-CV-326 Spencer v. Meisner

Decision and Order

The court granted petitioner Jared Spencer’s petition for a writ of habeas corpus. The court found that the state court relied on materially inaccurate information at sentencing in violation of petitioner’s due process right to be sentenced on the basis of accurate information. The court further found that the Wisconsin Court of Appeals unreasonably applied Chapman v. California, 386 U.S. 18 (1967), in its harmless error analysis.

23-CV-159 Hulce v. Zipongo Inc

23-CV-159 Hulce v. Zipongo Inc

Decision and Order

In a case alleging violations of the Telephone Consumer Protection Act’s do-not-call regulation, the court determined that a call to the plaintiff urging him to utilize a free service available under his health insurance did not “encourage the purchase” of any good or service and therefore was not a “telephone solicitation” within the meaning of the Act.

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