This Week At The Ninth: Class Objections And Robocalls

This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act's prohibition on robocalls to cell phones.

MOSER v. BENEFYTT

The Court holds that a defendant does not waive an objection under Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) to a district court's certification of nationwide classes when it fails to include a personal jurisdiction challenge to the claims of non-resident putative class members in its motion to dismiss.

The Panel:  Judges Bybee, Bress, and Cardone (W.D. Tex.), with Judge Bress writing the opinion, and Judge Cardone dissenting.