Third-Party Liability

News & Analysis as of

Hold the Phone: Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants

On December 12, 2014, Judge Sue E. Myerscough issued an epic 238-page order granting in part and denying in part cross summary judgment motions filed in United States of America, et al. v. Dish Network, L.L.C. (“Dish...more

California Insurance Law - 2014 Year in Review

Introduction - The California appellate courts issued an unusual number and variety of insurance-related opinions in 2014. The California Supreme Court issued an important and highly anticipated ruling on the scope of...more

Franchising and Liability Under the FCPA

I am often asked about franchisor liability under the Foreign Corrupt Practices Act (FCPA). Franchising has been a successful model in the US and now many corporations are looking at overseas expansion opportunities....more

TCPA Connect - January 2015

Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more

Florida’s Slavin Doctrine: Alive, Well and Expanding?

In a recent opinion, the Fourth District Court of Appeal appears to have expanded the Slavin doctrine in the context of design professional liability. In McIntosh v. Progressive Design and Engineering, Inc. (Jan. 7, 2015),...more

Ringing in the New Year: TCPA Hot Issues for 2015

The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided...more

Trade Secrets And 3rd Parties: Litigation Traps To Avoid

Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret...more

Choosing the Right Vendor Risk Management Software Solution

Traditionally, performing third party due diligence has been primarily a data gathering activity. Now, with access to abundant information sources, the activity—and the challenges—have evolved. How do you manage and...more

New York State Court Dismisses Construction Manager’s Third Party Claims Against Subcontracting Geotechnical Engineer

In Board of Mgrs. of the A Bldg. Condo. v. 13th & 14th St. Realty, LLC, 2014 N.Y. Misc. LEXIS 5632; 2014 NY Slip Op 33353(U) (New York Cty. Sup. Ct. Dec. 18, 2014), Hudson Meridian Construction Group, LLC, s/h/a Hudson...more

CFPB Announces Enforcement Action Against Telecommunications Company for Alleged Unauthorized Third-Party Charges

On December 17, the CFPB filed a complaint in the Southern District of New York against a telephone company for allegedly charging its customers tens of millions of dollars in unauthorized third-party charges. ...more

First Party vs. Third Party – Who can sue for bad faith?

For the purpose of those individuals who undertake direct representations of insurers, it is significant to be able to recognize who can sue an insurer (their clients) for bad faith. Nine years have passed since the...more

Expenses Once Again Found To Be Part Of Coverage Limit In Battle Against Reinsurer

In November, an Illinois appellate court affirmed an order granting defendant MidStates Reinsurance Corporation’s (“MidStates”) motion for judgment on the pleadings because the reinsurer had fulfilled its obligation to pay up...more

2015 Hot Topics for Multinational Companies

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

Oregon Court Denies HOA’s Effort to Proceed Against Subcontractors for Construction Defect

In Liberty Oaks Homeowner’s Ass’n v. Liberty Oaks, LLC, 2014 Ore. App. LEXIS 1696, the Liberty Oaks Homeowners’ Association (“HOA”) sued the developers of townhomes, alleging that they were responsible for construction...more

TCPA Connect - December 2014

Burger King Settles TCPA Suit for Whopping $8.5M - Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements....more

New California Labor Code Mandates Shared Legal Responsibilities

Does your company use workers provided by another entity, such as a staffing agency? If so, your company will soon have direct responsibility if the provider fails to properly pay wages or carry proper workers’ compensation...more

Guindon: SCC Hears Arguments in Penalty Case

The Supreme Court of Canada heard oral arguments today in the case of Guindon v. The Queen (Docket No. 35519). At issue in the case is the nature of the third-party penalty in section 163.2 of the Income Tax Act....more

Florida Supreme Court Limits Application of Statute of Limitations

A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as...more

California Employers Should be Prepared to Comply with California's Law Making Companies Liable for Staffing Company/Labor...

Employers in California should be prepared to comply with the requirements of Assembly Bill No. 1897, which, as discussed in our prior alert, increases liability for most companies who use contract labor for their operations....more

But I didn’t send that fax: Eleventh Circuit expands the scope of liability to businesses under the TCPA for unsolicited faxes.

Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed...more

Guardrail Ends – Open and Obvious Court Ends Liability for Contractor and Engineer Based Upon Slavin Doctrine

The Slavin Doctrine has been on the books for more than fifty years and is a favorite defense used by contractors, architects and engineers defending against personal injury and wrongful death claims. Generally, the Slavin...more

Legal Alert: Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices

The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties....more

Fail to Pay Wages in D.C. and Get Sued With Some of Your Closest Friends (and Contractors)

If you are a D.C. employer, temporary staffing agency, contractor or subcontractor, you have yet another wage and hour law to contend with: The Wage Theft Prevention Amendment Act of 2014. Among other things, the law...more

Is That Covered? "Additional Insured" Coverage for Claims Brought by Employees of Named Insured

Consider this common scenario: Big Shopping Mall owns the local shopping development and leases stores to multiple tenants, including the Popular Chain Restaurant. An employee of the Popular Chain Restaurant, Bob Suzealot, ...more

New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January...more

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