Archives: U.S. Supreme Court

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To Defer or Not to Defer: Supreme Court Set to Hear Case That Could Decide Deference Standard in TCPA Cases

On November 13, 2018, the U.S. Supreme Court granted certiorari in the junk fax action, Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 883 F.3d 459 (4th Cir. 2018), which arose under the Junk Fax Prevention Act of the Telephone Consumer Protection Act (“TCPA”). Though the facts of the case centered on the definition … Continue Reading

United States Supreme Court Clarifies Extent of American Pipe Tolling in Class Actions

On June 11, 2018, the United States Supreme Court found that its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) (“American Pipe”) did not permit a putative class member, following the denial of class certification, to file a successive class action after the expiration of the statute of limitations.  … Continue Reading

United States Supreme Court Issues “Epic” Decision for Employers

Our colleagues at the Employment Law Worldview blog have written a new post analyzing the U.S. Supreme Court’s recent decision in Epic Systems v. Lewis.  The Court’s decision came in the context of three consolidated cases (Epic Systems v. Lewis; Ernst & Young v. Morris; and NLRB v. Murphy Oil USA, Inc.) in which employees challenged … Continue Reading

McGill v. Citibank, N.A.: Is the California Supreme Court Setting Up Another Showdown with the United States Supreme Court Over Arbitration?

On April 6, 2017, in a unanimous decision, the California Supreme Court held that an arbitration agreement in Citibank’s credit card contract that purportedly waived the plaintiff’s right to seek public injunctive relief under the Consumers Legal Remedies Act (CLRA), the Unfair Competition Law (UCL), and the False Advertising Law (FAL) in any forum was unenforceable as … Continue Reading
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