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Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA). Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell...more

Imagination-in-Pleading Award

When Oklahoma Blue Cross-Blue Shield terminated Dr. Gude’s provider agreement, he decided to fight back. He sued the Blues in federal court, alleging they had violated—and this is the imaginative part—Oklahoma’s Consumer...more

Community Colleges Not Subject to UTPCPL

It only stands to reason, yet it took almost 12 years and repeated appeals for the final determination by the Pennsylvania Supreme Court in Meyer v. Community College of Beaver County, No. 22 WAP 2012, 2014 Pa. LEXIS 1524...more

Belgian Class Actions - The Final Stretch

The Belgian collective redress act (hereafter the Collective Redress Act) was signed into law just before the Easter break on 27 March 2014 and is expected to enter into force in the next couple of months (a royal decree...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Door Opening to Allow Common Negligence Claims Against Construction Professionals

For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more

No Discount on Plaintiff’s Burden Under Rule 23(b)(3); Third Circuit Vacates Certification Decision Against Wal-Mart Due to...

In Hayes v. Wal-Mart Stores, Inc., No. 12-2522 (3d Cir. Aug. 2, 2013), the Third Circuit took the opportunity to elaborate and articulate on the ascertainability standard under Fed.R.Civ.P. 23(b)(3). In Hayes, the plaintiff...more

Court of Appeals Holds No Recognized Cause of Action Exists Under Missouri Law Against Gun Shop Owners for Sale of a Non-Defective...

In an opinion issued July 16, 2013, the Western District of the Missouri Court of Appeals declined to extend what would have amounted to dram shop-type liability to a gun shop that sold ammuition and magazines to a purchaser...more

A Consumer Protection Ruling That Actually Protects Consumers: Fraud Prevention Allowed Under California’s Song-Beverly Act

A California court ruled last week that retailers could lawfully collect ZIP code information to reduce credit card fraud, efforts that result in lower prices for consumers. Following the California Supreme Court’s decision...more

Asset Searches and the Collection of Debt

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

Little Tucker Act Does Not Waive Sovereign Immunity For Alleged Violation Of Fair Credit Reporting Act

The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more

You Should Know - January 2013

In This Issue: - Child Care Crisis - Tools to Choose - Exclusive Interview - Excerpt from Five-Step Guide to Quality Providers - Safety, Cost Challenges to Child Care: Finding affordable and safe daycare...more

Ontario Court Makes Rare Decision in Common Issues Class Action Trial

The Ontario Superior Court of Justice recently released its decision in the common issues class action trial of Ramdath v. George Brown College, 2012 ONSC 6173. This is one of the very few rulings on the merits of a class...more

Green, et al. v. Wells Fargo Bank, N.A.

Plaintiff's Memorandum in Support of Response to Motion to Dismiss

Memorandum opposing a motion to dismiss filed by Wells Fargo Bank, N.A. The case involves homeowners suing to enforce their right to a loan modification....more

Exclusions of Liability and Consumer Protection Legislation

From time-to-time, I will comment on legal developments in consumer protection that have implications for the e-commerce environment. On March 15, 2012, the British Columbia Court of Appeal released its decision in Loychuk v....more

Der neue Entwurf zum Schuldrecht ist angenommen - von Ulya Selçuk - Rechtsanwaeltin

Der neue Entwurf zum Schudrecht ist angenommen von Ulya Selçuk (Rechtsanwaeltin/ Istanbul) veröffentlicht in ODA (Periodical of German-Turkish Chamber of Commerce and Industry in Istanbul)January, February 2011: Das türkische...more

Vague 'Wood Dust' Toxin Added to California's Prop 65 Warnings List

In December 2009, California added "wood dust" to the list of more than 900 chemicals and other substances subject to California's Safe Drinking Water and Toxic Enforcement Act," commonly called "Proposition 65." The listing...more

Construction Oberview: Ober|Kaler Attorneys Obtain Significant Jury Award, Including Substantial Attorney’s Fees, for Homeowner...

Ober|Kaler Construction Group principal Raymond Burke and associate Kelly Preteroti recently secured a significant jury award on behalf of the owners of a townhome in Montgomery County in a claim involving faulty construction...more

OSHA Asks CEOs to Prevent Workplace Injuries With Crowd Control

The Occupational Health and Safety Administration sent a letter this week to the CEOs of fourteen major retailers urging them to take steps now to prevent customer and worker injuries during Black Friday and other holiday...more

Wrongful Termination/Car Salesman - Loss of Purchased Vehicle - Deceptive Trade Practices Act Demand Letter

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more

California RESPA Lawyer Explains the RESPA Prohibitions Against Kickbacks and Fee Splitting

RESPA, the Real Estate Settlement Procedures Act, was passed to address abusive practices such as kickbacks or referral fees that can result in higher costs to the home buyer. However, as a lawyer with RESPA experience,...more

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