Despite a material question about whether the defendant had express consent to contact the plaintiff, a California federal court judge has ruled that a good faith belief that consent existed provided a complete defense to plaintiff’s Telephone Consumer Protection Act (TCPA) suit.
Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit Court of Appeals held that an award of $700,000 in fees was justifiable despite a jury’s award of just $27,000 to the plaintiff.
A $6 million settlement in a Telephone Consumer Protection Act suit was reasonable, an Illinois federal court found, ordering two insurers to indemnify the marketing company that sent five illegal faxes to more than 4,000 recipients.
In a decision that should make employers sit up and take notice, the Ninth U.S. Circuit Court of Appeals approved an award for a Title VII plaintiff of $125,000 in punitive damages—and just $1 in nominal damages.
Employers, take note: harassment in the workplace can be committed not just by supervisors and coworkers, but by third parties such as customers, patients, clients, delivery people, or repair workers.
Hilton Worldwide Inc. scored a victory in California federal court when a judge declined to certify a class of millions of consumers in a TCPA suit.
Employers in California should ring in the New Year by updating their policies and training to reflect the new laws, particularly the major changes under San Francisco's new ordinance.
California employers scored a victory with the Peng decision, with the court making clear that a procedural error in failing to include the relevant rules governing an employment arbitration agreement should not prevent an employer from enforcing the terms of the agreement.
Sonic-Calabasas A, Inc. v. Moreno (“Sonic II”) presents a mixed bag for employers.
Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal vacation policy.