Ninth Circuit Affirms ERISA Plan Administrator’s Decision, Validates Use of...
On March 5, 2019, Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California issued his opinion in Wit v. United Behavioral Health, in which he attempted to...
View ArticleRUDE AWAKENING: Wellness Company Allegedly Sends 5:00 A.M. Texts To Consumers...
Hey TCPAWorld!Imagine. It’s 5:00 a.m. The world is still. The kettle whistles before the aroma of freshly brewed coffee seizes the air. Your peace is impenetrable–or so you think. Then, an intrusion...
View ArticleSour Grapes: Attorney’s Oral Agreement Might Be Okay if Fair, Just, and Fully...
The US Court of Appeals for the Ninth Circuit found that a district court erred in declaring on summary judgment that an attorney had no ownership interest in a winery because the alleged agreement was...
View ArticleTrap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing...
View ArticleCFPB Drops Lawsuit Against Online Lender Following Litigation Freeze
On February 23, the CFPB filed a joint stipulation in the United District Court for the Central District of California to dismiss its lawsuit against an online lending platform. The lawsuit, originally...
View ArticleClass Action Certified Against Fintech Lender for Home Improvement Loans
In an order issued in January and made public on February 24, a judge in the United States District Court for the Northern District of California granted class certification to consumers alleging a...
View ArticleFirst Class Action Filed Under Washington’s MY Health MY Data Act Draws...
On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et...
View ArticleNew Lawsuit Challenges Trump Administration’s Termination of TPS for Haiti...
Haitian-Americans United, Inc., Venezuelan Association of Massachusetts, UndocuBlack Network, Inc., and four individual Haitian and Venezuelan migrants residing in Boston filed a lawsuit in U.S....
View ArticleNo Funny Business: The Supreme Court Should Get Sirois
As you might have guessed from the title of this post, we are returning to cover new developments in the United States v. Sirois case. A few months ago, the First Circuit released an opinion that we...
View ArticleTRANSFERRED: Shelton Suit Against Freedom Forever Pulled from PA and Sent to...
Famous TCPA litigator James Shelton had home court advantaged yanked away from him yesterday when a court ordered his TCPA suit against Freedom Forever, LLC transferred to California.In Shelton v....
View ArticleData Breach Class Action Settlement Approval Affirmed by Ninth Circuit with...
Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not...
View ArticleFederal Appeals Court Upholds Arbitration Institution’s Authority to...
Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently...
View ArticleSan Francisco v. EPA: Supreme Court Strikes Down EPA’s “End-Result” Permit...
On March 4, 2025, the U.S. Supreme Court issued a 5-4 decision in City and County of San Francisco v. Environmental Protection Agency, narrowing the Environmental Protection Agency’s (EPA) authority...
View ArticleFederal Appeals Court Upholds Arbitration Institution’s Authority to...
Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently...
View ArticleFederal Appeals Court Rules Against Doctor Seeking to Use Mushrooms to Aide...
It’s funny how things work out – sometimes you find yourself living in a sort of butterfly effect where the tail seems to wag the dog. In 2023, when we first started writing about the traction...
View ArticleCAPITAL ONE SUED: Plaintiffs Allege 17 Separate Causes of Action in New...
Shah v. Cap. One Fin. Corp., No. 24-CV-05985-TLT, 2025 WL 714252 (N.D. Cal. Mar. 3, 2025) has raised some serious allegations against Capital One (“Defendant”), accusing the financial giant of secretly...
View ArticleNO SMOKING UNTIL 8 AM: R.J. Reynolds Burned By TCPA Time-Of-Day Class Action...
Hi TCPAWorld! R. J. Reynolds Tobacco Company—the powerhouse behind Camel, Newport, Doral, Eclipse, Kent, and Pall Mall—is back in court. This time, though, it isn’t about the usual allegations against...
View ArticleIt’s a Wrap—The Latest from the Ninth Circuit on “Sign-In Wrap” Agreements
On February 27, 2025, in Chabolla v. ClassPass Inc., the U.S. Court of Appeals for the Ninth Circuit, in a split 2-1 decision, held that website users were not bound by the terms of a “sign-in wrap”...
View ArticleProving Fraud is and Should Be Hard: Lessons from a Recent Medicare Advantage...
The litigator’s adage “it’s easy to plead, it’s hard to prove” once again came true in the long-running False Claims Act (FCA) case targeting Medicare Advantage (“MA”) plans operated by UnitedHealth...
View ArticleAppLovin & Its AI: A Lesson in Accuracy
Last week, we explored a recent data breach class action and the litigation risk of such lawsuits. Companies need to be aware of litigation risk not only arising from data breaches, but also from...
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