News & Analysis as of

Primary Jurisdiction Doctrine

Troutman Pepper

Eighth Circuit Applies FERC’s Filed Rate Doctrine to Reject Allegations that SPP Breached an Oral Contract Made During Winter...

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On August 5, 2024, the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) denied Associated Electric Cooperative, Inc.’s (“AECI”) petition for review of a Federal Energy Regulatory Commission (“FERC”)...more

Harris Beach PLLC

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

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The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more

Ballard Spahr LLP

Prior Exclusive Jurisdiction Doctrine Applied by Arizona Appeals Court

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Summary - An Arizona Court of Appeals recently released its first published decision applying the Prior Exclusive Jurisdiction doctrine to corporate receivership proceedings, affirming the preclusive effect of a Minnesota...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Cars and Chickens

This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Storage Tank Terminal/Federal Citizen Suit Action: Federal Appellate Court Addresses Doctrine of Primary Jurisdiction

The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more

BCLP

California Federal Court Holds Domino’s Website Violates the ADA, Limits Penalties Under Unruh Act to $4,000

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A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more

Jones Day

Employees Claim COVID-19 Risks Make Workplaces a Public Nuisance

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The Situation: A rising number of lawsuits by former and current employees claim that workplaces not complying with COVID-19 health guidelines are public nuisances requiring abatement. The Result: Courts are split on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more

Proskauer - Law and the Workplace

New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims

On November 2, 2020, the Eastern District of New York issued a notable decision regarding an employer’s compliance with federal and state public health law during the COVID-19 pandemic. This is not the only case of its kind...more

Womble Bond Dickinson

Proposed California CBD Class Action Stayed: Primary Jurisdiction Doctrine Again Halts a CBD Suit

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As the CBD industry continues to wait for the U.S. Food and Drug Administration (FDA) to begin the rulemaking process for the regulation of cannabis-derived products — which will hopefully provide some clarity regarding how...more

Carlton Fields

Conflict Within the Southern District of Florida: Should the Primary Jurisdiction Doctrine Be Applied to Stay Class Actions...

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Judge Robert Scola refused to apply the primary jurisdiction doctrine to stay a class action based on the alleged misrepresentation of the amount of CBD in products sold by Diamond CBD, diverging from Judge Ursula Ungaro’s...more

Carlton Fields

Court Stays CBD Class Action Until FDA Rolls Out Regulation

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A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...more

BCLP

Supreme Court Denies Review in Website Accessibility Case Against Domino’s Pizza

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Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Due Process and Primary Jurisdiction Defenses to Website Accessibility Claims Fall Like Dominoes in the Ninth Circuit

The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and...more

Perkins Coie

Ninth Circuit Rules That Lack of Web Accessibility Regulations Does Not Bar ADA Suits

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The U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies...more

BCLP

Ninth Circuit Issues Important Decision in Domino’s Website Accessibility Action

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As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more

Womble Bond Dickinson

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More...

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2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down--predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the...more

Womble Bond Dickinson

A little TCPA “HELP”: Court Holds Responding to HELP Message Does not Create TCPA Liability– But Suggests Use of a Short Code...

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Another day another patchwork ATDS decision here in TCPAland. But this latest case has an interesting wrinkle– can a text message responding to a “help” request from a consumer be sent even if the original text prompting the...more

Womble Bond Dickinson

Stay It Ain’t So: Court Rejects Primary Jurisdiction Doctrine in TCPA Case Because of “Minimal Risk” of Inconsistent ATDS Rulings...

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Because the TCPA landscape is in complete disarray regarding the definition of an ATDS, we have been opining that the primary jurisdiction doctrine is a TCPA Defendant’s best friend. However, the Western District of...more

Seyfarth Shaw LLP

Domino’s: Ninth Circuit Hears Web Accessibility Appeal Argument

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Seyfarth Synopsis: Due process, DOJ’s failure to enact regulations, and whether the ADA covers websites arguments dominated the recent Domino’s Ninth Circuit oral argument....more

Seyfarth Shaw LLP

Robles v. Dominos: Engaged Ninth Circuit Hears Web Access Appeal

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On October 12, in sunny Pasadena, California, the Ninth Circuit Court of Appeals heard oral arguments in the Robles v. Dominos case. ...more

Womble Bond Dickinson

Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?

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It has been an interesting time in TCPAland since ACA Int’l was decided in March. We’ve seen a number of decisions going different ways with respect to the continued viability of the 2003 and 2008 Predictive Dialer rulings....more

Womble Bond Dickinson

A Primary Jurisdiction Nightcap: Primary Jurisdiction Also Applies to Fact-Specific Statutory Interpretation

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As you all know, the primary jurisdiction doctrine and its importance as a defendant’s potentially crucial companion on a journey through TCPAland has been covered here before, but that importance was again on full display in...more

Womble Bond Dickinson

Weekend Reading: District Court of Nevada Grants Stay of TCPA Action Pending FCC Ruling or Until Ninth Circuit Issues its Decision...

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Happy Friday folks. District Court Judge, Judge C.W. Hoffman, for the United States District Court for the District of Nevada granted a motion to stay a TCPA suit, pending a ruling by the FCC or until the Ninth Circuit...more

Womble Bond Dickinson

TCPA ATDS Scorecard: A Mid-Summers’ Deep Dive into the Shifting ATDS Landscape post ACA Int’l

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Over the last few weeks we have written numerous articles assessing Telephone Consumer Protection Act (“TCPA”) cases addressing the scope of the statute’s definition of automated telephone dialing systems (“ATDs”) as the...more

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