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.…
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…
4/10/18
By: Rebecca J. Smith The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that an employee’s prior salary – either alone or in a combination of factors – cannot be used to…
Do You Have a Constitutional Right to Smoke on Public Property?
11/9/12
By: Sun Choy According to the United States Court of Appeals for the Eighth Circuit, there is no constitutional right to smoke on public property. In Gallagher v. City of Clayton, Missouri, the court rejected plaintiff’s request to declare smoking “a new fundamental right ‘because of tobacco’s ancient traditions in American history’” as well as…