9th Circuit Holds Inadmissible Evidence May Support Class Cert
5/17/18
By: Ted Peters
Courts around the country are split over whether admissible evidence is needed to support a class certification. The Fifth Circuit requires it, and the Seventh and Third Circuits appear to be of the same opinion. In contrast, …
Winemakers Decan’t Warn a Consumer About Every Risk
5/16/18
A Pour Result for Plaintiffs’ Attorneys in California, but a Grape Win for Vintners
By: Robyn Flegal
In May 2018, the California Court of Appeals refused to revive a class action lawsuit claiming wines made by fifteen winemakers should contain …
Banks Attempt to Expand the Scope of Liability for Escrow Companies
4/27/18
By: Bryce M. Van De Moere
The collapse of the subprime mortgage market in 2008 created shock waves still felt today. Over-extended lenders such as Washington Mutual and Countrywide failed; larger financial institutions absorbed their loans and were tasked with …
Circuits Now Split Three Ways Over False Claims Act Limitations Period
4/26/18
By: Robyn Flegal
The Eleventh Circuit Court of Appeals (governing Georgia, Alabama, and Florida), recently held that the three-year statute of limitations for the False Claims Act (FCA) begins when the government learns of alleged violations of the FCA, rather …
Homeowners’ Associations: Banning Short Term Rentals May Violate California Coastal Act
4/9/18
By: Jeffrey R. Cluett
The California Court of Appeal overturned a denial of a preliminary injunction of a homeowners’ association resolution banning short term rentals (“STR”). It found that appellants made a prima facie case that the ban violated the …
When Appealing to the Environmentally-Friendly Consumer Results in RICO Litigation
4/6/18
By: Justine A. Baakman
With the push toward production of environmentally friendly motor vehicles driven primarily by consumer demand, vehicle manufacturers have been forced to rapidly adapt vehicle design and marketing strategies. Appeals to the environmentally conscious consumer often involve …
BREAKING – D.C. Circuit Sets Aside Key Portions of FCC Ruling in Long-Awaited TCPA Decision
3/20/18
By: Matthew N. Foree
The United States Court of Appeals for the District of Columbia Circuit has finally issued its decision in the appeal of the Federal Communication Commission’s July 2015 Declaratory Order regarding the Telephone Consumer Protection Act. The …
When the Midas Touch Does Not Protect You From Your CLE Obligations
3/15/18
By: Jonathan M. Romvary
As part of every attorney’s ongoing duty of competence, each jurisdiction requires attorneys to attend Continuing Learning Education classes each year. The failure to attain the minimum required credit hours for substantive and ethical topics may …
Multi-Million Dollar California Verdict Affirmed Despite Questionable Causation
3/6/18
By: Theodore C. Peters
Proof of causation is a frequently debated topic in tort cases where the battle between “possible” and “probable” is bitterly fought. Tort victims are left empty-handed unless they can sufficiently demonstrate the causal connection between the …
Using Summary Judgment during the Arbitration Process
2/22/18
By: Erin E. Lamb
Many attorneys assume that once a case is in private arbitration, dispositive motions are against the rules and are no longer a useful tool to resolve cases. How could an arbitrator have the power to consider …
A Millennial Gig
2/21/18
By: David M. Daniels
With Contribution By: Jason C. Dineros
The Obama Administration’s federal enforcement relaxations for marijuana use in 2013, brought with it the development of a viable market industry from what was previously looked upon as taboo—akin to …
Leaked DOJ Memo Unearths New Strategy in Qui Tam Cases
2/13/18
By: Samantha L. Skolnick
On January 10, 2018, an internal Department of Justice memorandum (the “Granston Memo”) was leaked to the public, turning heads. The Granston Memo included an in-depth analysis of the DOJ’s position on evaluating dismissals pursuant to …