Newsletters

09.13.18

Sixth Circuit: Death, Taxes and TCPA Claims

A Telephone Consumer Protection Act (TCPA) claim survives the death of the plaintiff, the U.S. Court of Appeals, Sixth Circuit has ruled, declaring the statute is “remedial” in nature and not penal.


09.13.18

Class Certification Comes Unglued in Case Against Krazy Glue

The court unglued the plaintiff’s motion to certify a statewide class in a slack fill action against the makers of Krazy Glue, granting the defendant’s motion to deny certification.  


09.13.18

Ninth Circuit Affirms Illegality of Tribe’s Online Gambling Site

An online bingo site operated by a Native American tribe constituted illegal gambling, the U.S. Court of Appeals for the Ninth Circuit has ruled, answering a question of first impression.


09.13.18

Dunkin’ Donuts Gets Burned by ADA Decision

In a plaintiff-friendly decision, the U.S. Court of Appeals for the Eleventh Circuit sided with a blind man to find that his allegations of website inaccessibility were sufficient to move his Americans with Disabilities Act (ADA) suit forward.


09.13.18

Recent Developments in California Privacy Law

In August, on the last day for the California Legislature to pass bills, it passed Senate Bill 1121 to revise the California Consumer Privacy Act of 2018 (CCPA). The CCPA was signed into law in June 2018 and, unless amended, will be effective Jan. 1, 2020.


09.06.18

Time to Weigh In: FTC Seeks Comment on Additional Authority

New Federal Trade Commission (FTC) Chair Joseph Simons already broached the topic with legislators, and now the agency has asked for public input on whether the Commission should be granted additional authority over corporate privacy and data security practices.


09.06.18

McQueen Family Crashes Ferrari’s Limited-Edition Car

Ferrari tried to cash in on Steve McQueen’s fame and well-known love of cars by selling a limited-edition vehicle dubbed “The McQueen” without permission from his heirs, according to a new California state court complaint.


09.06.18

California Court Tosses Deceptive Pricing Action

In the latest deceptive pricing class action, a California federal court dismissed a challenge to LensCrafters’ marketing for prescription lenses.


09.06.18

New False Advertising Lawsuits: Cows and Corn

Unhappy cows and confusion over “SuperStarch” form the basis of recently filed false advertising class actions.


08.30.18

CMS Releases Guidance Formalizing Budget Neutrality Policies

On August 22, 2018, the Centers for Medicare & Medicaid Services (CMS) released a State Medicaid Director Letter (SMDL) memorializing its long-standing budget neutrality policies requiring that waivers under Section 1115 of the Social Security Act (1115 waivers) cost no more to the federal ...