Searching Content indexed under Litigation, Mediation & Arbitration by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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CBD Industry Beware: The False Labeling Class Action Has Arrived
Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC
United States
15 Oct 2019
Third Circuit Holds That SLUSA Does Not Preclude Class Action Opt-Outs From Pursuing Individual Actions
In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit ...
14 Oct 2019
Will More Clarity On Definition Of ATDS Under TCPA Finally Be Here Soon?
The Sixth Circuit is the latest court to weigh in on the definition of ATDS under TCPA. The TCPA defines ATDS as equipment that has the capacity "to store or produce telephone numbers to be called,
United States
7 Oct 2019
The Sixth Circuit Limits The Meaning Of ATDS Under The TCPA
Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System
United States
27 Sep 2019
It's Official: Newsom Expands The Definition Of "Employee" Under California Law
On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court's Dynamex v. Superior Court decision.
United States
24 Sep 2019
Peace For Piece-Rate Employers In Washington
On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay
United States
24 Sep 2019
Perils Of Waiting: PTAB's Precedential Opinion Panel Designates Two More Decisions Rejecting 315(b) Arguments Regarding Time Bars
In two decisions recently designated as "precedential," the PTAB rejected two theories raised by petitioners for why the service of a complaint should not trigger Section 315(b)'s
United States
23 Sep 2019
Three Major Workplace Bills To Land On Gov. Gavin Newsom's Desk
Following the launch of the so-called "MeToo" movement, the California Legislature has aggressively churned out new bills that further strengthen the ability for workers to sue their employers.
United States
20 Sep 2019
The Eleventh Circuit Remands AseraCare, But Affirms High Hurdle For Proving Falsity
In a highly anticipated opinion in the AseraCare case, issued on September 9, 2019, the Eleventh Circuit Court of Appeals affirmed the district court's holding
United States
16 Sep 2019
California Supreme Court Applies Notice-Prejudice Rule To Violation Of First-Party Consent Provision As A Predicate To Policy Forfeiture, But Confirms That No Prejudice Is Required To Enforce A Third-Party "No Voluntary Payments" Provision
On certified questions by the Ninth Circuit Court of Appeals, the California Supreme Court in Pitzer College v. Indian Harbor Insurance Company examined notice and consent provisions under both first-party and third-party coverage
United States
13 Sep 2019
Court Finds That "Care, Custody Or Control" Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite Supervision
McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019).
United States
13 Sep 2019
Endangered Species Act Rulemakings Face Immediate Challenge
On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the "Services") published final rules amending three important parts
United States
5 Sep 2019
Supreme Court Punts On Whether FCC's Interpretation Of The TCPA Binds Federal Courts
At the end of the Supreme Court's most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019).
United States
4 Sep 2019
One "Chirp, Buzz, Or Blink" Is Not Enough To Sue Under The TCPA
A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA).
United States
3 Sep 2019
Choose Your Forum Wisely: Save Your Arbitration Clause From California's Prohibition on Pre-Dispute Waivers of a Plaintiff's Right to Seek Public Injunctive Relief
The U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California's class action bar when it held that the Federal Arbitration Act
United States
26 Aug 2019
Are No-Poach Agreements Becoming Extinct?
Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, "no-poach" agreements
United States
23 Aug 2019
Fifth Circuit Affirms Enron Broker Not Liable To Employee Stock Option Holders For False Or Withheld Information
Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws...
United States
23 Aug 2019
Court of Appeal Rules HERO Cannot Save Previously Vacated Rental Units
The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the "Project")
United States
22 Aug 2019
Spate of Recent False Advertising Class Actions Take On Animal Treatment Label Claims
In the last few months, a handful of class actions have been filed challenging label claims regarding the treatment of the animals providing the food item in question. This appears to be a new food
United States
22 Aug 2019
Eleventh Circuit Affirms Key Kickback Statute, Stark Law, And False Claims Act Principles In Dismissing Allegations Against HCA
On July 31, 2019, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to grant summary judgment to hospital operator HCA and dismiss relator Thomas
United States
20 Aug 2019
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