Newsletters

08.27.19

Courts, Not Arbitrators, Decide Gateway Issue of Class Proceedings

Who should decide the gateway issue of whether an arbitration agreement permits class proceedings? Courts, not arbitrators, the U.S. Court of Appeals for the Fifth Circuit has concluded, joining the Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits.


08.05.19

Fourth Circuit Affirms $61M Award Against Dish

Affirming a North Carolina federal court’s judgment awarding $61 million in damages for Telephone Consumer Protection Act (TCPA) violations, the U.S. Court of Appeals, Fourth Circuit, rejected Dish Network’s attempts to evade the award.


08.05.19

Defendants Dodge Vicarious Liability in Sixth Circuit

The U.S. Court of Appeals, Sixth Circuit, recently weighed in on a third party’s potential Telephone Consumer Protection Act (TCPA) liability for assistance to telemarketers.


08.05.19

California Court Compels Arbitration in TCPA Dispute

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, a California federal court granted a motion to compel arbitration based on an agreement found in hyperlinked terms and conditions.


08.05.19

Plaintiff Earns Summary Judgment Based on Defendant’s “Making” of Calls

A New York federal court granted summary judgment in favor of the plaintiff for a total of 55 calls, finding no merit in the defendant’s contention that the plaintiff failed to provide evidence that each of the calls was received.


08.05.19

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

Over a year after the ACA International (ACA) decision from the D.C. Circuit that changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) guidance, ...


07.30.19

Midyear Recap of Manatt’s Top Employment Law Stories

Halfway through 2019, it’s time to recap the five biggest employment law stories to date based on the top trafficked links to Manatt’s Employment Law newsletter.  


07.30.19

Plaintiff’s Request for Shoe Reimbursement Slips Out of Court

Interpreting California Labor Code Section 2802, an appellate panel in the state ruled that an employer was not required to reimburse its employees for the cost of slip-resistant shoes.  


07.30.19

Just Pay It: Ninth Circuit Moves Exit Inspection Suit Against Nike Forward

Exit inspections conducted as retail employees of Nike leave the store may need to be compensated, the U.S. Court of Appeals for the Ninth Circuit determined in a class action, applying the California Supreme Court’s recent decision in Troester v. Starbucks Corp.  


07.30.19

Despite Epic, California Court Denies Motion to Compel Arbitration

In the latest arbitration battle involving Private Attorneys General Act (PAGA) claims, a California federal court denied an employer’s motion to compel despite recent U.S. Supreme Court precedent in Epic Systems Corp. v. Lewis.