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Lawsuit challenges San Francisco cell phone radiation ordinance

Shook Hardy & Bacon LLP
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USA
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August 6 2010

A wireless communication industry group has filed a challenge to a San Francisco ordinance requiring disclosure of cellular phone radiation emission levels

U.S. Supreme Court considers preemption in auto-defect case, class-action exemptions in cell phone contracts

Shook Hardy & Bacon LLP
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USA
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November 11 2010

The U.S. Supreme Court has heard oral argument this term in two cases with a potential impact on product liability law: Williamson v. Mazda Motor of Am., Inc., No. 08-1314 (U.S., argued November 3, 2010), and AT&T Mobility LLC. v. Concepcion, No. 09-893 (U.S., argued November 9, 2010

Seventh Circuit allows appeal to examine sufficiency of pleadings under Twombly

Shook Hardy & Bacon LLP
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USA
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February 3 2011

The Seventh Circuit Court of Appeals has further refined its approach to the appealability of lower court determinations as to the sufficiency of the pleadings under the U.S. Supreme Court’s new plausibility pleading standards in a case alleging a conspiracy to fix the prices of text messaging services in violation of federal antitrust law

Judicial Conference Committee updates guidance on wireless communication devices in federal courthouses

Shook Hardy & Bacon LLP
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USA
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March 31 2011

The Judicial Conference Committee on Court Administration and Case Management has issued updated guidance on the use of portable wireless communication devises in federal courthouses

Class counsel misconduct need not be egregious to warrant certification denial

Shook Hardy & Bacon LLP
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USA
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December 8 2011

Writing for the Seventh Circuit Court of Appeals, Judge Richard Posner has held that misconduct by putative class counsel does not have to be egregious for a court to deny a motion to certify the class

Federal court orders San Francisco to revise cellphone fact-sheet ordinance

Shook Hardy & Bacon LLP
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USA
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November 11 2011

A federal court in California has determined that the City and County of San Francisco may require cellphone providers to make available to consumers informational fact sheets about the radiofrequency (RF) energy emitted by such devices, but has ordered that the fact sheets be revised

Court dismisses robo-call litigation as to Domino’s Pizza

Shook Hardy & Bacon LLP
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USA
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May 18 2012

A federal court in Washington has dismissed franchisor Domino’s Pizza from litigation alleging that a franchisee’s use of automatic calls with a prerecorded message to numbers stored from previous orders violated state and federal laws prohibiting “robo-calls.”

Spam text class action certified against Papa John’s

Shook Hardy & Bacon LLP
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USA
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November 30 2012

A federal court in California has certified a nationwide class and Washington subclass of individuals who received purportedly unsolicited text messages sent by OnTime4U to advertise Papa John’s pizza products

Court nixes lodestar multiplier in Apple iPhone 4 products liability settlement

Shook Hardy & Bacon LLP
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USA
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August 23 2012

A federal court in California has given final approval to a settlement that resolves a nationwide class action involving a purported defect affecting the iPhone 4’s cellular network reception, but has reduced the requested attorney’s fees by more than half

Fifth Circuit reverses certification ruling; opt-in classes not allowed

Shook Hardy & Bacon LLP
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USA
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November 8 2012

The Fifth Circuit Court of Appeals has reversed a class certification ruling because the putative class members, which are governmental entities, may not join the class without undertaking certain steps to obtain representation by private counsel and thus, in effect, opt into the class

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