Topic Archives: Appellate & Supreme Court

May 28, 2021 - Appellate & Supreme Court, Arbitration

One Estopp Shop: The Ninth Circuit Weighs in on the Use of Equitable Estoppel to Compel Arbitration in Two Recent Decisions

By: Angela E. Kleine, Neil S. Tyler, and Adam J. Hunt

When can you compel arbitration of a putative class action? The law is developing quickly[1] and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the parties don’t have an arbitration agreement to …›

May 13, 2021 - Antitrust, Appellate & Supreme Court, Class Action, Mass Torts

FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?

By: Alexander Paul Okuliar, David J. Shaw, and Joseph Charles Folio III

The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades.[1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office …›

April 30, 2021 - Antitrust, Appellate & Supreme Court, Class Action, FTC

AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool

By: Bonnie Lau, Megan E. Gerking, David J. Fioccola, Adam J. Hunt, and Michael G. Ahern

In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade …›

April 8, 2021 - Appellate & Supreme Court, Class Action, FCRA

Relief for the Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members are Uninjured (Ramirez v. TransUnion)

By: Penelope A. Preovolos, Claudia M. Vetesi, and Lena Gankin

The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v. Bouaphakeo et.al., 136 S. Ct. 1036, 1050 (2016). …›

April 5, 2021 - Appellate & Supreme Court, Class Action, Consumer Products, Mass Torts, Privacy, Retail, TCPA

Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer

By: Tiffany Cheung, Julie O'Neill, and Michael Burshteyn

The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an automatic …›

October 19, 2020 - Appellate & Supreme Court, Arbitration, Class Action

Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements

By: Angela E. Kleine and Neil S. Tyler

This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims from arbitration. Henry Schein, Inc. v. Archer & White Sales, …›

October 8, 2020 - Appellate & Supreme Court, Product Liability

Once More Into the Jurisdictional Morass: Supreme Court Grapples With Specific Jurisdiction at Oral Argument in Ford Cases

By: Grant J. Esposito, Brian R. Matsui, and Adam L. Sorensen

The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. …›

September 16, 2020 - Appellate & Supreme Court, Product Liability

Getting Specific: Supreme Court Once Again Examines Limits of Personal Jurisdiction in Ford Motor Company Cases

By: Grant J. Esposito, Brian R. Matsui, and Adam L. Sorensen

Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal jurisdiction over defendants. The Supreme Court’s docket has seen a steady stream …›