Bradley Attorneys Pennington, Smith and Osborne Author DRI Amicus Brief in McKesson v. True Health
DRI – The Voice of the Defense Bar
Bradley attorneys Mike Pennington, Scott Burnett Smith and Sarah Osborne authored an amicus brief filed in the U.S. Supreme Court case of McKesson v. True Health. Filed by DRI’s Center for Law and Public Policy, the amicus brief agrees that the Ninth Circuit’s ruling effectively creates a presumption in favor of class certification in Telephone Consumer Protection Act (TCPA) cases, while impermissibly shifting the burden of proof on class certification from the plaintiff to the defense. DRI argues that who bears the burden of proof on the merits of an issue at trial has nothing to do with whether the controversy as a whole is appropriate for class adjudication. Read more from DRI.