Federal Appeals Court Emphasizes Scope of Ministerial Exception
The Ninth Circuit recently reaffirmed the broad scope of the judicially-created ministerial exemption by upholding a lower court’s decision in Behrend v. San Francisco Zen Center, Inc. dismissing a...
View ArticleNavigating Personal Jurisdiction in TCPA Cases: Insights from Ingram v. Money...
A recent decision issued by the United States District Court for the Northern District of California in Ingram v. Money Map Press, 23-cv-05802-CRB, 2024 U.S. Dist. LEXIS 130905 (N.D. Cal. July 24,...
View ArticleNinth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an...
The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity...
View ArticleHAS TWILIO GONE TOO FAR?: Twilio’s Software Development Kit, Segment,...
Hi CIPAWorld! The Baroness here. And I have a new interesting putative class action that was just filed.Noah Bender v. Twilio, Inc. filed in the Northern District of California.This one is about...
View ArticleNinth Circuit Issues Long-Awaited Montera Decision Applying New York General...
In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth...
View ArticleDental Office and Its Founders and Owners Agree to Pay Over $6 Million to...
West Coast Dental Administrative Services LLC and its founders and former owners agreed to pay $6.3 million to resolve allegations that West Coast Dental and six of its affiliated dental offices in...
View ArticleThe DMV and LinkedIn – Driving to CIPA Disaster?
No one likes waiting at the DMV. I get it. I’m sympathetic.So going online and handling your business is easy and you can skip waiting. But, what if you info is getting sent out for other purposes? By...
View ArticleNinth Circuit Applies Birnbaum Rule to Affirm Dismissal of Claims by SPAC...
In Max Royal LLC v. Atieva, Inc., No. 23-16049, 2024 U.S. App. LEXIS 19910 (9th Cir. Aug. 8, 2024), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a securities class...
View ArticleHELPFUL AGAIN!: Another Court Limits Reach of TCPA’s Solicitation Definition...
Good things come in twos, at least this week in TCPAWorld.Just yesterday I reported on a case of a court limiting the TCPA’s DNC rules in the context of messages sent in connection with a contractual...
View ArticleUS$18.3 Million Wearable Blanket Infringement Award Stands Despite Newly...
An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy”...
View ArticleTime Employees Spent “Booting Up and Shutting Down” Computers Could Be...
Cadena v. Customer Connexx LLC, 2024 WL 3352712 (9th Cir. July 10, 2024)Customer Connexx LLC operates a call center for an appliance recycling business, and plaintiffs Cariene Cadena and Andrew...
View ArticleTESTING THE COURT’S PATIENCE: Anton Ewing and Freedom Forever Are Locked in...
Some folks litigate TCPA suits professionally and calmly.Then there’s Anton Ewing.He’s a tough fella to litigate against–which I suppose he’d tell you is the point. He doesn’t want to be called and he...
View ArticleCALL A SPADE: PayPal Sued in New TCPA Suit for Doing Just That
Happy Friday everyone. Going into the weekend, I wanted to share an intriguing development for you TCPA watchers. A fresh lawsuit entitled Spade v. Paypal, Inc. has been filed in the United States...
View ArticleWhy Shouldn’t Equitable Tolling Apply to the Federal Tax Refund Look-Back...
In Libitzky v. United States,[1] the United States Court of Appeals for the Ninth Circuit affirmed disallowance of a $700,000 federal income tax refund claim. The court said that this was an...
View ArticleProfiting From Financings for Charter Schools: SEC Sues Unregistered,...
The public education system in the United States has experienced a series of fits and starts since the time of the American Revolution. Although many of the Founders (think Adams, Jefferson, and...
View ArticleCannabis Businessman Learns the Perils of the Not-So “Fine Print” – A...
Not every blog post contains earth-shattering news. Count this among that group, but I encourage you not to ignore the implications and possibly the forecasting for cannabis operators in litigation...
View ArticleManufacturers Fight Back on PFAS Litigation
Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various...
View ArticleWhy are TSCA Citizen Petitions Filed? — A Conversation with Michael Connett...
This week I had the pleasure of speaking with Michael Connett, Partner with Siri & Glimstad, LLP to discuss his epic litigation representing Food & Water Watch, a non-profit consumer...
View ArticleCity of Los Angeles to Pay $38.2 Million to Resolve FCA Suit
Headlines that Matter for Companies and Executives in Regulated IndustriesCity of Los Angeles to Pay $38.2 Million to Resolve FCA SuitThe City of Los Angeles has agreed to pay $38.2 million to resolve...
View ArticleClass Action Litigation Newsletter | 2nd Quarter 2024
Highlights from this issue include:U.S. Supreme Court holds determination of whether a subsequent agreement to arbitrate supersedes a prior agreement is for a court, not an arbitrator, to decide.Third...
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