WEITZNER v. SANOFI PASTEUR INC.

No. 17-3188.

909 F.3d 604 (2018)

Ari WEITZNER; Ari Weitzner MD PC, Individually and on behalf of all others similarly situated, Appellants v. SANOFI PASTEUR INC., formerly known as Aventis Pasteur Inc.; Vax-Serve Inc., formerly known as Vaccess America, Inc.

United States Court of Appeals, Third Circuit.

Opinion Filed: November 27, 2018.


Attorney(s) appearing for the Case

Todd C. Bank [ARGUED], Fourth Floor, 119-40 Union Turnpike, Kew Gardens, NY 11415, Paul T. Kelly , Needle Law, 240 Penn Avenue, Suite 202, Scranton, PA 18503, Daniel A. Osborn , Suite 131, 43 West 43rd Street, New York, NY 10036, Counsel for Appellants.

Carl J. Greco [ARGUED], 4th Floor, 327 North Washington Avenue, Professional Arts Building, Scranton, PA 18503, Counsel for Appellees.

Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges.


OPINION

Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D. P.C., challenge the District Court's conclusion on summary judgment that their claims under the Telephone Consumer Protection Act (TCPA) were untimely. There is no dispute that plaintiffs...

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