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Appeals Declaratory Rulings

Mintz - Technology, Communications & Media...

What’s New in Wireless - August 2023

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily...more

Ladas & Parry LLP

Gruyere Cheese is Gruyere Cheese... Even in the United States

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On March 3rd, the United States Court of Appeals for the Fourth Circuit in Virginia upheld a ruling that cheese labeled GRUYERE can be used to legally describe cheese made from outside the Gruyere region of Switzerland and...more

Faegre Drinker Biddle & Reath LLP

Advertised Businesses Not Liable for Unauthorized Fax Advertisements, FCC Declares

On September 21, the FCC’s Consumer and Governmental Affairs Bureau issued a declaratory ruling clarifying that businesses advertised via fax should not face “sender liability” for unsolicited faxes sent without prior...more

Benesch

Duran Duran: Second Circuit Complicates TCPA Litigation

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The dust was finally settling. District and Circuit courts around the country were rejecting the Ninth Circuit’s overly broad interpretation of the definition of an automatic telephone dialing system (“ATDS”) under the...more

Harris Beach PLLC

Recent Decision Narrows Commercial Tenants’ Recourse to Yellowstone Injunctions

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Last week, in 159 MP Corp. v. Redbridge Bedford, the Court of Appeals upheld a recent decision of the Second Department that limits the rights of commercial tenants to obtain Yellowstone injunctions....more

Knobbe Martens

Federal Circuit Review - December 2018

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Assignor Estoppel Does Not Apply in the IPR Context - In Arista Networks, Inc. v. Cisco Systems, Inc., Appeal Nos. 2017-1525, 2017-1577, the Federal Circuit held that the plain language of 35 U.S.C. § 311(a) unambiguously...more

Knobbe Martens

SAP America, Inc. v. InvestPic, LLC

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Federal Circuit Summary - Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of Texas. Summary: Where remand of post-reexamination claims that issued during the...more

Jaburg Wilk

Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"

Jaburg Wilk on

The Holding - In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

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Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Vedder Price

ACA v. FCC Close to a Slam Dunk for TCPA Defendants

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Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more

Eversheds Sutherland (US) LLP

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

Holland & Knight LLP

North Carolina’s Court of Appeals Affirms that Power Purchase Agreements are Impermissible in the State

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A recent North Carolina Court of Appeals decision, State of North Carolina ex. rel. Utilities Commission, et. al. v. N.C. Waste Awareness and Reduction Network (NC WARN), affirming an order of the North Carolina Utilities...more

Womble Bond Dickinson

Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It

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In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more

Zuckerman Spaeder LLP

A Bitter Pill for Ex-Rite Aid GC: Delaware Court Finds His 2015 Suit for Indemnification Untimely

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Remember 2002? That year, A Beautiful Mind won best picture, and the University of Maryland won the NCAA basketball tournament. It is also the year that Rite Aid and its former General Counsel, Franklin Brown, began...more

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Burr & Forman

Focus on the TCPA: Consolidated Appeal of FCC’s TCPA Order Continues to Grow

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The Federal Communications Commission’s (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order’s seemingly...more

Carlton Fields

Accrual to be Kind: Pennsylvania Appellate Court Addresses Statute of Limitations for Declaratory Claim

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A Pennsylvania appeals court recently addressed a nuanced procedural question: the applicable statute of limitations in a declaratory action of a coverage dispute. In Selective Way Ins. Co. v. Hospitality Group Svcs, Inc.,...more

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