News & Analysis as of

Summary Judgment Verizon

Knobbe Martens

“Army of Citation Footnotes Crouching in a Field of Jargon” Fails to Withstand Summary Judgment

Knobbe Martens on

Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll.  Appeal from the Eastern District of Texas. Summary:  A patentee’s extensive citations to evidence failed to avoid summary judgment of...more

Carlton Fields

Is Your “Securities Claim” Actually Covered Under Your D&O Policy? A Review of In Re Verizon Insurance Coverage Appeals

Carlton Fields on

The question of what constitutes a “securities claim” in the context of public company D&O policies is often debated in insurance coverage disputes, and the answer to this question can have significant effects on the scope of...more

Womble Bond Dickinson

First Circuit Concludes that Hybrid Cellular-VoIP Telephone Numbers Are Subject to TCPA

Womble Bond Dickinson on

The Court of Appeals for the First Circuit reversed a summary judgment granted in favor of Verizon, by concluding that a “hybrid” telephone number using both VoIP and voice wireless services must be considered “assigned to a…...more

Eversheds Sutherland (US) LLP

The future is calling: “Voice over Internet Protocol” and the TCPA

One of the many criticisms of the Telephone Consumer Protection Act (TCPA), enacted in 1991, is that it has not kept pace with developments in communications technology. Instead, the Federal Communications Commission (FCC),...more

Manatt, Phelps & Phillips, LLP

Verizon Wins Summary Judgment in VoIP Calls Case

A federal district judge in Massachusetts issued a summary judgment ruling in favor of Verizon in a putative TCPA class action that promises to fan the flames in the growing debate over TCPA liability for calls made to...more

Morrison & Foerster LLP - Class Dismissed

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more

Burr & Forman

Florida District Court Holds Calling System Sufficiently Configured to Avoid TCPA Liability

Burr & Forman on

As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

McDermott Will & Emery

Seventh Circuit Upholds Dismissal of Text Messaging Price-Fixing Claims

McDermott Will & Emery on

On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

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