Class Dismissed

July 16, 2020 - Appellate & Supreme Court, TCPA
Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)
By: Tiffany Cheung and Tiffani B. Figueroa
Barr v. Am. Ass’n of Political Consultants, Inc. , 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015 government-debt exception to the Telephone Consumer Protection Act
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July 16, 2020 - Appellate & Supreme Court, FTC
U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority
By: Jessica Kaufman, Julie O'Neill and Lena H. Hughes
The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. In 1973,
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July 07, 2020 - Appellate & Supreme Court, Class Action, FCRA
Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of Remedial Measures
By: Nancy R. Thomas
The Ninth Circuit recently issued an opinion addressing standing and willfulness under the Fair Credit Reporting Act (FCRA). In Ramirez v. TransUnion ,[1] the Ninth Circuit affirmed a jury verdict and punitive damages award, although it reduced those damages by a third. The court
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May 01, 2020 - False Advertising, Appellate & Supreme Court
California Supreme Court: Civil Penalty Claims Brought by Government Under UCL and FAL Should Be Determined by Court—Not Jury
By: Claudia M. Vetesi
The California Supreme Court has confirmed that claims for civil penalties brought by government entities under California’s Unfair Competition Law (“UCL”)[1] and False Advertising Law (“FAL”)[2] should be decided by a judge—not a jury. See Nationwide Biweekly Administration Inc. et al. v. Superior Court
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January 30, 2020 - Appellate & Supreme Court, TCPA
Supreme Court Grants Certiorari to Review Fourth Circuit's TCPA Decision
By: Tiffany Cheung
On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants, Inc. v. FCC , 923 F.3d 159 (4th Cir. 2019). Because this federal
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January 22, 2020 - Appellate & Supreme Court, Product Liability
Start Your Engines: The U.S. Supreme Court Will Yet Again Review the Constitutional Limits of Personal Jurisdiction in a Pair of Cases Involving Ford Motor Company
By: Grant J. Esposito and Brian R. Matsui
Lower courts’ inability or refusal to confine cases to their proper fora compels the Supreme Court to spend precious docket space restating the rules governing personal jurisdiction. The Due Process Clauses of the Fifth and Fourteenth Amendments limit courts’ authority to exercise personal jurisdiction
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June 12, 2019 - Appellate & Supreme Court, Class Certification, Product Liability, Consumer Products, Class Action
Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard For Settlement Classes
By: Penelope A. Preovolos
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1] Hyundai II preserves the ability to certify nationwide settlement classes while maintaining
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June 05, 2019 - Appellate & Supreme Court, FDA, Product Liability, Pharmaceutical & Medical Devices
Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer
By: Erin M. Bosman and Julie Y. Park
The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption. In its much-anticipated opinion delivered by Justice Breyer, the Court unanimously reversed the Third Circuit’s holding that questions of pharmaceutical preemption should be decided by juries. Merck Sharp &
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April 26, 2019 - Appellate & Supreme Court, Arbitration
Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration
By: David J. Fioccola and Adam J. Hunt
The Supreme Court’s decision in Lamps Plus, Inc. v. Varela made it clear that an arbitration agreement must explicitly contemplate and provide for class arbitration, building on a line of pro-arbitration rulings from the Supreme Court over the past decade, including American Express Co.
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November 19, 2018 - Appellate & Supreme Court, TCPA
U.S. Supreme Court to Review Deference to the FCC in TCPA Cases
By: Tiffany Cheung
Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act? That is the question the United States Supreme Court will consider in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. , Docket
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Topic Archives: Appellate & Supreme Court

Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)

By: Tiffany Cheung and Tiffani B. Figueroa

U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority

By: Jessica Kaufman, Julie O'Neill and Lena H. Hughes

Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of Remedial Measures

By: Nancy R. Thomas

California Supreme Court: Civil Penalty Claims Brought by Government Under UCL and FAL Should Be Determined by Court—Not Jury

By: Claudia M. Vetesi

Supreme Court Grants Certiorari to Review Fourth Circuit's TCPA Decision

By: Tiffany Cheung

Start Your Engines: The U.S. Supreme Court Will Yet Again Review the Constitutional Limits of Personal Jurisdiction in a Pair of Cases Involving Ford Motor Company

By: Grant J. Esposito and Brian R. Matsui

Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard For Settlement Classes

By: Penelope A. Preovolos

Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer

By: Erin M. Bosman and Julie Y. Park

Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration

By: David J. Fioccola and Adam J. Hunt

U.S. Supreme Court to Review Deference to the FCC in TCPA Cases

By: Tiffany Cheung