Had Jay Edelson on Deserve to Win Ep. 39 (out in January) for our holiday episode.

He and I have discussed many times the phenomenon of bad lawyers making bad law before the good lawyers can have their chance to make favorable law.

On the plaintiff’s side these guys have a lot more ability to act as a cartel and have some members stand down while other members make good case law in the first instance. Its not as if the Czar can tell every defense lawyer to stop making arguments until I get a chance to make good law first.

Actually why don’t I try.

Dear defense lawyers: please stop arguing that cell phones are not residential lines for DNC purposes. You’re doing it wrong– trust me.

And the results are clear– loss after loss after loss.

Indeed, after McKesson opened up this perfectly viable path EVERY case to look at the issue has held for the Plaintiff. And that’s too bad. We could definitely win this one, but the Plaintiff’s lawyers suddenly get very reasonable when we show up.

Anyhoo the latest ruling is Loudermilk v. Maelys Cosmetics, 2025 WL 3625779 (N.D. GA Dec. 11, 2025). Court holds cell phones are “residential” for DNC purposes because statute protects subscribers and not technology. Yada yada yada.

Not the Christmas gift anyone was hoping for.

Chat soon.