Update: Ninth Circuit to Review Hyundai Pro-Defense Decision
- On July 27, 2018, the Ninth Circuit issued an order granting en banc review of its decision in Hyundai and Kia Fuel Econ. Litig. , No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23, 2018). The Ninth Circuit also set oral argument for the... ›
Website User Held to Arbitration Provision Despite Renewing Subscription in Wife’s Name
On July 19, 2018, United States Magistrate Judge Mark Lane issued a Report and Recommendation recommending that United States District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a putative class action on the grounds... ›Collective Actions in Europe: Another Small Step in Germany
By: Jakob Schellmann
German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust emissions scandal. This new law won’t... ›- - TCPA, Class Action
After ACA International, FCC Seeks Comment on Autodialer Definition
Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA International, et al. v. FCC , 885 F.3d 687 (D.C.... › - - TCPA, Class Action
An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope
By: Tiffany Cheung and Julie O'Neill
Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission , No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the scope of activity that may be subject to the Telephone... › - - TCPA, Class Action
TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action
By: Tiffany Cheung
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the communication practices of their upstream vendors. In Kristensen v. Credit... › California Class Actions: 2018 Update
In our California Class Actions 2018 Update, we have outlined several key cases and trends that define the current class actions landscape. From “litigation tourism” to new definitions for unfair and fraudulent, we provide a rundown on the most-watched and influential recent cases. Please... ›California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false advertising laws. In so doing, the court upheld the lower court’s conclusions... ›Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration
On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick , No. 16-2750 (2d Cir. Aug. 17, 2017), the... ›A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67
In Campbell-Ewald Co. v. Gomez , 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s claim or require dismissal of the... ›