California rejects “creative” collateral source theory of standing
9/19/23
By: Joseph Gonnella
California’s Unfair Competition Law requires an economic injury to establish standing to sue. The California Court of Appeal’s recent opinion rejected a party’s attempt to allege standing based upon his insurer’s overpayments under a collateral source theory. …
Minority Position: Vician v. Bingham Greenebaum & Doll, LLP
9/11/23
By: Tia J. Combs
In the recent Court of Appeals of Indiana case, Vician, individually and on behalf of Bowman, Heintz, Boscia & Vician, P.C. v. Bingham Greenebaum & Doll, LLP n/k/a Dentons Bingham Greenebaum, LLP and Jeremy Hill, …
8/23/23
Last month, the Seventh Circuit joined the Eleventh Circuit by deciding that state law-based negligence claims are preempted by the Federal Aviation Administration Authorization Act (“FAAAA”). In 1994, Congress sought to deregulate the trucking industry upon …
Eleventh Circuit holds one text message sufficient to establish standing in robocall case
8/21/23
By: Matthew N. Foree
Article III of the Constitution limits federal-court jurisdiction to actual cases or controversies. Generally, for there to be a case or controversy capable of resolution, the plaintiff must have a personal stake in the case, or …
11th Circuit Supports Tolling of Federal Arbitration Act Timeframes in Certain Circumstances
7/11/23
By: Arielle E. Katz
On June 21, 2023, the 11th Circuit determined an issue of first impression – whether Section 12 of the Federal Arbitration Act (“FAA”), which provides that notice of a motion to vacate a Final Award …
From Scripts to Sanctions: Defendants Dismissed With Help From Plaintiff’s Aggressive Parroting
7/5/23
By: Brian Goldberg and Jack Ma
Federal Rule of Civil Procedure 30(b)(6) requires a corporation, government agency, or other organization to designate one or more individuals to testify. Unlike regular employees, their testimony has far more weight and may significantly …
Real Estate Company Agrees to Settle Robocall Class Action for $40 Million
3/16/23
The days of large robocall class action settlements are not over. Keller Williams Realty, Inc. (“Keller Williams“) recently sought approval to settle a class action lawsuit alleging violations of the Telephone Consumer Protection Act …
Class action alleges high levels of “forever chemicals” in Simply brand juice
1/24/23
By: Matt Foree and Josh Ferguson
A consumer has filed a class action alleging that juice marketed as healthy contains harmful chemicals. The case is styled Joseph Lurenz versus The Coca-Cola Company and The Simply Orange Juice Company. It was filed …
Feds Consider Carving Out Exceptions to the Buy America Act
11/23/22
By: Kenneth Coronel
The Biden administration is considering carving out two exemptions for federally funded transportation contracts which are subject to the 2021 Build America, Buy America Act, or BABAA. On November 4, 2022, the Department of Transportation proposed two …
Protection of Private Information
3/30/22
By: Paul Boylan
The Supreme Judicial Court for the Commonwealth of Massachusetts recently confirmed what it means for something to be confidential. The case is In the matter of Attorney Michael J. Kelley, SJC-13145, March 16, 2022.
Kelley confirms the …
California’s view of arbitration agreements just got more complicated for employers
2/23/22
By: Matthew Jones
The California Court of Appeal in De Leon v. Pinnacle Property Management Services, LLC reviewed the issue of whether an employer’s arbitration agreement was unconscionable. The employee initially filed a lawsuit against the employer under certain wage …
Indemnification provisions merit attention when negotiating a contract or when facing litigation
2/7/22
By: Robert Buckley
Many agreements between parties contain indemnification provisions. While parties often focus their negotiations on the terms controlling the ultimate requirements for performance of the contract and the terms of payment, indemnification provisions merit attention and can also …