Class Dismissed

June 30, 2022 - Appellate & Supreme Court, Class Certification, Class Action
How Do Rule 23(F) Petitions Fare In The Ninth Circuit?
By: Joseph R. Palmore
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor Bryan Lammon. Background Federal Rule of Civil Procedure 23(f)
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June 22, 2022 - Appellate & Supreme Court, Arbitration
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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May 24, 2022 - Appellate & Supreme Court, Arbitration
Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis
By: Adam J. Hunt and Caroline F. Pohl
Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party. In Morgan v. Sundance , the Court unanimously held that a party opposing arbitration
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April 25, 2022 - Appellate & Supreme Court, TCPA
The Praxis of Faxes: Circuits Split on the Meaning of “Advertisement” Under the TCPA
By: David J. Fioccola, Alexandra Preece Barlow and Lily Valentine Westergaard
A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA). In a February decision, the Second Circuit held that under the plain text of the TCPA,
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April 22, 2022 - Appellate & Supreme Court, TCPA
TCPA Litigation Review and Update
By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard
David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA). "Last year marked another year of important developments in the Telephone Consumer Protection Act (“TCPA”) landscape as
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January 12, 2022 - Appellate & Supreme Court, Class Action
High Court Orders Rethink Of $9.7M Award After TransUnion
By: Adam J. Hunt and Nicole Victoria Ozeran
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez , 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs.
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January 05, 2022 - Privacy, Appellate & Supreme Court, TCPA
Privacy Litigation 2021 Year in Review: TCPA Litigation
By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the
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October 15, 2021 - Appellate & Supreme Court, Arbitration
Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas and Olivia J. Wada
A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements.[1] But the Ninth Circuit found that the penalties for violation of this provision are preempted by the Federal Arbitration
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August 13, 2021 - Appellate & Supreme Court, TCPA, Class Certification, Class Action
Class Objections and Robocalls
By: Lena H. Hughes and Adam L. Sorensen
This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on robocalls to cell phones. MOSER v. BENEFYTT The Court holds that a
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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: 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
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