What constitutes an automatic telephone dialing system under the federal Telephone Consumer Protection Act ? As statutorily defined, an ATDS is “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.”

In Pebley, the court was confronted with yet another post-Howell question. More specifically, it was confronted with an insured plaintiff who chose to treat with doctors and medical facility providers outside his insurance plan. The court held that such a plaintiff shall be considered uninsured, as opposed to insured, for the purpose of determining economic damages.

Law firms, by their very nature, are a bastion of tradition. They conjure up images of wood-paneled offices, libraries stacked to the ceiling with precedent-packed tomes, and a calm, conservative tone in their communications.
Much of that tradition carries on at the law firm of Berman, Berman, Berman, Schneider & Lowary LLP (B3SL). But the firm also prides itself on being “surprisingly different,” breaking out of that traditional legal box in a wide variety of ways. In recent years, that’s involved being surprisingly different in the holiday cards it sends to clients and friends.