Patent Infringement: Successful Litigation Stays the "Course"
Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more
Arbitration. The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more
The Supreme Court of Arkansas recently refused to consider the portion of an appeal involving a motion to compel arbitration because the lower court had not ruled on the motion and the court therefore concluded it did not...more
Takeaway: When litigating class certification and motions to compel arbitration, defense attorneys virtually always prefer federal over state courts. In two cases involving home security provider ADT, L.L.C. (ADT), and a...more
Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
Lest anyone think TCPAland isn’t fraught with peril for unwary defendants, let me tell you a quick tale. Citibank is facing TCPA class litigation in the Northern District of California–yes the same Citibank that so...more
Hi everyone! Well, I’m sure you’ve heard the good news from the Czar by now, and we’re all very excited here at TCPAland. Boy what a celebration I had when I found out. I put the kids the bed, had a glass of champs with my...more
A putative class action against Uber filed by some of the company’s California-based drivers has crashed. The Ninth Circuit reversed rulings denying Uber’s motion to compel arbitration...more
In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more
In O’Connor v. Uber Technologies, Inc., a Ninth Circuit panel, in four related appeals from District Judge Edward Chen’s rulings, reversed the denial of Uber Technologies Inc.’s motions to compel arbitration, also reversed...more
Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more
In a win for defendants, the Eleventh Circuit recently held that a party does not waive its right to compel arbitration for the claims of unnamed class members even if it has waived that right as to the named class...more
The Eleventh Circuit Court of Appeals recently held that a litigant may enforce its contractual arbitration provision as to absent class members despite not obtaining a ruling on the issue at the outset of the case. The right...more
Wells Fargo achieved a significant victory on Thursday in decade-old litigation over allegedly unlawful overdraft fees when the Eleventh Circuit held that Wells Fargo had not waived its right to compel arbitration as to the...more
In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more
This putative Telephone Consumer Protection Act (TCPA) class action arose from alleged marketing calls by Quicken Loans (Quicken) to potential mortgage customers. After the magistrate judge granted the plaintiff’s motion to...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more
Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more
In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more
Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more
In a reversal of the usual scenario where a plaintiff seeks and a defendant resists class discovery, the Southern District of Ohio granted a defendant’s motion to compel answers to its interrogatory regarding who was included...more
In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more
Seyfarth Synopsis: The increasingly common practice of third-party funding of class actions, which provides tax incentives to plaintiffs’ attorneys and third-party funders alike, may no longer be protected under...more
Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more