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Appeals › Split of Authority › Statutory Interpretation

Rumberger | Kirk

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

Rumberger | Kirk on

The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more

Benesch

VPPA In Flux: Circuits Split on Who Counts as a VPPA “Consumer”

Benesch on

The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more

Holland & Knight LLP

A Look at Ongoing Nuclear Litigation

Holland & Knight LLP on

As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more

Verrill

Domestic Discovery for Foreign Arbitrations? Now Three Circuits Say “No”

Verrill on

Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

Bradley Arant Boult Cummings LLP on

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Akin Gump Strauss Hauer & Feld LLP

Sixth Circuit Approves Discovery in Aid of Foreign Private Arbitrations

Akin Gump Strauss Hauer & Feld LLP on

• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States. • The decision establishes a...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

Fenwick & West LLP on

In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more

Womble Bond Dickinson

“Counsel, You Just Won the TCPA Case!”–Petitioners’ Lead Counsel Shay Dvoretzky Joins the WBD Ramble Podcast to Discuss the Big...

Womble Bond Dickinson on

Jones Day Partner Shay Dvoretzky successfully argued the appeal in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018) on behalf of the Petitioners challenging the TCPA’s 2015 TCPA Omnibus ruling. Now he’s...more

Womble Bond Dickinson

Breaking: ACA Int’l’s Counsel tells WBD Ramble Podcast that FCC’s Predictive Dialer Rulings Were Definitively Overruled by D.C....

Womble Bond Dickinson on

Jones Day Partner Shay Dvoretzky successfully argued the appeal in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018) on behalf of the Petitioners challenging the TCPA’s 2015 TCPA Omnibus ruling. Now he’s...more

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