The Ninth Circuit holds that the TCPA prohibits automated calls even when they do not refer to any specific good or service *

USA - October 31 2012
In Chesbro v. Best Buy Stores, LP, No. 11-35784, 2012 WL 4902839 (9th Cir. Oct. 17, 2012), the Ninth Circuit reversed the Western District of Washington’s grant of summary judgment in favor of Best Buy Stores, LP ("Best Buy") on claims that Best Buy placed automated telephone calls to plaintiff Michael Chesbro’s home in violation of the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227 and Washington statutes.

Co-authors: Shannon Petersen, Lai L. Yip .

Ninth Circuit rejects class action settlement, clarifies standards for cy pres remedies and plaintiff counsel's attorneys' fees *

USA - July 19 2012
In the recently published decision Dennis v. Kellogg Company, No. 11-55674, 2012 WL 2870128 (9th Cir. July 13, 2012), the Ninth Circuit reversed the district court’s approval of a purported $10.64 million settlement between defendant Kellogg and a class of consumers alleging false advertising.

Co-authors: Julia Click, Martin White.

California Court of Appeal continues the trend of limiting tobacco II *

USA - November 15 2010
The California Court of Appeal for the Fourth Appellate District recently added to the growing jurisprudence interpreting the scope and effect of In re Tobacco II Cases (2009) 46 Cal.4th 298 in its decision last month in Sevidal v. Target Corp. (Case No. D056206, Oct. 29, 2010) __ Cal.App.4th __.

Co-authors: Rachel Tarko Hudson.

The recent assault on consumer arbitration clauses *

USA - October 2 2009
After years of growth, the Federal Arbitration Act ("FAA"), and numerous court decisions emphasizing the strong public policy in favor of arbitration as a cost-effective means of resolving disputes, arbitration now appears to be under siege—particularly in the consumer context.

Co-authors: Molly Newland.