Class Dismissed

October 15, 2021 - Appellate & Supreme Court, Arbitration
Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas
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
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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May 14, 2021 - Privacy, Appellate & Supreme Court, FTC
FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?
By: Julie O'Neill
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing
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May 13, 2021 - Appellate & Supreme Court, Antitrust, Class Action, Mass Torts
FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?
By: Alexander 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
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April 30, 2021 - Appellate & Supreme Court, FTC, Antitrust, Class Action
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
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April 08, 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,
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April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
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
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October 19, 2020 - Appellate & Supreme Court, Arbitration, Class Action
Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements
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,
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October 08, 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 and Brian R. Matsui
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.
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Topic Archives: Appellate & Supreme Court

Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements

By: Nancy R. Thomas

Class Objections and Robocalls

By: Lena H. Hughes

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

FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?

By: Julie O'Neill

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

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

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

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

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

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

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

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

By: Grant J. Esposito and Brian R. Matsui