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Womble Bond Dickinson

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

Womble Bond Dickinson on

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

A Bridge to Somewhere: Primary Jurisdiction Doctrine Applicable in TCPA Fax Cases and ATDS Suits Alike

Womble Bond Dickinson on

The primary jurisdiction doctrine Eric wrote about a mere few weeks ago was on full display in a recent ruling granting a motion to stay in a junk-fax TCPA class action. In Scoma Chiropractic, P.A., et al v. Dental...more

Sheppard Mullin Richter & Hampton LLP

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

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