3/10/20
By: Anastasia Osbrink For years, employers across the U.S. have taken into account what an individual was making at his or her current job in assessing how much they would need to pay them if they left and joined the employer. And, for years, when one employee claimed discrimination based upon sex under the federal…
The Standing Requirement Remains an Open Question But Still a Valid Defense to Cyber Claims
6/26/19
By: Jeff Alitz In litigation proceeding in the Federal Courts, it has always been necessary for a successful plaintiff to in some manner establish that the harm sought to be remedied by a federal lawsuit falls within the authority of the courts to hear and decide such cases. Put another way, Article III of the…
4/16/19
By: Nikki Sachdeva In a recent opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a creditor, finding that common law principles of ratification may create vicarious liability under the Telephone Consumer Protection Act (TCPA). In Henderson v. United Student Aid Funds, 2019 U.S.…
Split in the Circuits May Force SCOTUS to Revisit Kingsley
3/14/19
By: Ali Sabzevari In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Supreme Court held that a pretrial detainee may prevail on a § 1983 excessive force claim if he or she shows that the force used was objectively unreasonable, regardless of whether the officer had a subjective intent to cause the detainee harm. In reaching…
The Supreme Court Sets Groundwater Pollution in its Sights
2/20/19
By: Ze’eva Kushner Yesterday, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s decision in Hawai’i Wildlife Fund et al. v. County of Maui, 886 F.3d 737 (9th Cir. 2018). The Supreme Court will be hearing this case in the Fall to resolve a circuit split regarding whether discharging pollution…
Ninth Circuit Tightens FCRA Disclosure Requirements
2/12/19
By: Matthew Foree Ninth Circuit Holds Combining State and Federal Disclosures Violates FCRA’s Standalone and Clarity Requirements The Court of Appeals for the Ninth Circuit recently issued a decision regarding the disclosure requirements under the Fair Credit Reporting Act (“FCRA”). The FCRA includes certain requirements for employers prior to obtaining a consumer report on a…
Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme Court is hearing this case to resolve a circuit split regarding whether a claim under Section 14(e)…
10/10/18
By: Laura Flynn In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial of Uber’s motions to compel arbitration. The Court rejected Plaintiffs’ assertion Uber’s arbitration agreements were…
Ninth Circuit Compounds ATDS Confusion in TCPA, Causing FCC to Seek Further Comment
10/8/18
By: Matt Foree As we previously discussed in the ACA International decision, the U.S. Court of Appeals for the D.C. Circuit recently rejected the Federal Communications Commission’s (“FCC”) guidance concerning the definition of automatic telephone dialing system (ATDS), one of the key components of liability in the Telephone Consumer Protection Act (“TCPA”). Among other things, the TCPA…
Qualified Immunity Applied to Employment
10/3/18
By: Owen Rooney In Kramer v. Cullinan 878 F.3d 1156 (9th Cir., 2018) the Ninth Circuit reversed the denial of a Motion for Summary Judgment, holding that that the employer’s public statement was not “stigmatizing” and defendant was entitled to qualified immunity. Plaintiff served in dual roles as Executive Director of Public Radio and a…
9/24/18
By: Brad Adler & Koty Newman The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s, 2018 U.S. App. LEXIS 26387 (9th Cir. Sep. 18, 2018) is important for employers trying to navigate the FLSA and pay their tipped employees the correct amount. The Ninth Circuit has joined the Eighth Circuit in deciding that the Department…
9/19/18
By: John McAvoy On July 6, 2018, a nonprofit restaurant advocacy group filed suit against the U.S. Department of Labor in Texas Federal Court challenging the rule that governs the compensation of tipped employees; specifically, the DOL’s “80/20 Tip Credit Rule” or “20% Rule” set forth in the 2012 revision to the DOL’s Field Operations Handbook. Restaurant Law Center v. U.S. Dept. of…