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Standing Ambiguous

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Finds Complaint’s Ambiguity in Number of Calls Received Warrants Remand for Article III Standing Analysis

Recently, the Eleventh Circuit remanded a TCPA suit for the district court to rule on Article III standing, finding that the trial court should have addressed the standing issue because plaintiffs failed to plead the number...more

Faegre Drinker Biddle & Reath LLP

Business or Residential? Ambiguity Surrounding Number on Do Not Call Registry Can Defeat Class Certification

In an interesting decision from the District Court of Oregon, United States Magistrate Judge Youlee Yim You recommended granting a motion to deny class certification where uncertainty about the appropriate classification of a...more

Gray Reed

Contaminated Butane and Propane Creates Fight Over General Terms and Conditions

Gray Reed on

Enterprise Products Operating v. Trafigura, A G. asks, Who should pay when a “black blob” that had “the stench of a skunk” was left behind after $27 million worth of an odorless product is delivered from a ship?...more

McDermott Will & Emery

Delaware Opens the Door to Third-Party Beneficiaries

McDermott Will & Emery on

Based on a recent Delaware Chancery Court decision, parties outside of a transaction—not just the buyer or seller—may be able to enforce continuing employment provisions in a purchase agreement. This decision shows that a...more

Akin Gump Strauss Hauer & Feld LLP

New Hampshire Hold ‘Em: Federal Decision Sets Aside Latest DOJ Wire Act Opinion

• On June 3, 2019, a federal court in New Hampshire ruled in favor of a New Hampshire state agency in concluding that “the text, context, and structure of the Wire Act” limit the Act’s applicability to sports gambling and no...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

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