9/14/18
By: Ted Peters
The question of arbitrability (i.e., Who decides whether a dispute is arbitrable? The court or the arbitrator(s)?) is as ageless as the conundrum of what came first, the chicken or the egg. In 2010, the Supreme …
9/14/18
By: Ted Peters
The question of arbitrability (i.e., Who decides whether a dispute is arbitrable? The court or the arbitrator(s)?) is as ageless as the conundrum of what came first, the chicken or the egg. In 2010, the Supreme …
To Shoot or Not to Shoot – The Ninth Circuit Says That Is The Question (for the jury)
7/6/18
By: Owen Rooney
On June 25, 2018 the U.S. Supreme Court denied certiorari in Estate of Lopez v. Gelhaus, arising out of the shooting in Sonoma County, California of a 13 year old who was holding a toy AK-47 …
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, …
Service Advisors Once Again Exempt From Overtime
4/3/18
By: Brad Adler & Michael Hill
After years of back and forth in the lowers courts, the Supreme Court has ruled that service advisors at auto dealerships are exempt employees under the Fair Labor Standards Act (“FLSA”). It’s the rare …
What Does Your Video Watching Behavior Say About You?
12/18/17
By: Jonathan Romvary
A federal court recently determined that the sharing of an individual’s device identification number and the videos watched does not violate federal privacy laws. In Eichenberger v. ESPN, Inc. , 2017 BL 427074, 9th Cir., No. 15-35449 …
11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
SCOTUS Clarifies Standing Requirements in Long-Awaited Spokeo Opinion
5/18/16
By: Matthew Foree
On Monday, the Supreme Court of the United States issued its anticipated opinion in the Spokeo, Inc. v. Robins case. Robins alleged that Spokeo, which operates a “people search engine,” violated the Fair Credit Reporting Act by …