United States Supreme Court Rejects California Appellate Court’s Refusal to Enforce Arbitration Provision
The United States Supreme Court has reversed a California appellate court’s refusal to enforce an arbitration provision in a contract, concluding that the court’s decision is incompatible with the Federal Arbitration Act and prior Supreme Court precedent. The case, DirecTV, Inc. v. Imburgia, __ S.… Read More
Supreme Court Eases Burden of Removing Cases Under the Class Action Fairness Act
The United States Supreme Court just made class action defendants’ lives a little easier. In a 5-4 decision, the Supreme Court held that when removing a case to federal court under the Class Action Fairness Act (“CAFA”), a defendant need only make a plausible allegation… Read More
First Circuit Finds Plaintiff Lacks Standing In Unmanifested Defect Case
Claims based on enhanced risk of future harm just got harder to bring. Yesterday, the United States Court of Appeals for the First Circuit affirmed the dismissal of a complaint in which the plaintiff alleged the corrugated stainless steel tubing (CSST) in his home, used… Read More
New Jersey Supreme Court Tightens Requirements for Enforcing Arbitration Agreements
General counsel should stop what they’re doing and review their company’s arbitration provisions in light of the New Jersey Supreme Court’s recent decision in Atalese v. U.S. Legal Services Group, L.P., 2014 WL 4689318 (N.J. Sept. 23, 2014). In Atalese, the Supreme Court rejected the… Read More
Federal Court Saves Millions of Smart Phone Users from TCPA Liability
For the first time, a federal court has clarified that the Telephone Consumer Protection Act (“TCPA”) bars the improper use of an automatic telephone dialing system or ATDS. Sterk v. Path, Inc., 2014 WL 2443785 (N.D. Ill. May 30, 2014). It is not enough just… Read More