The Supreme Court upheld the constitutionality of the federal Universal Service Fund (USF)'s funding regime on the final day for releasing opinions of its 2024 term. In FCC v. Consumers' Research, the Court reversed the U.S....more
The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more
6/30/2025
/ Administrative Procedure Act ,
Appeals ,
Chevron Deference ,
Class Action ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
FCC ,
Hobbs Act ,
Judicial Review ,
Litigation Strategies ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications
The U.S. Supreme Court's opinion in TransUnion LLC v. Ramirez, No. 20-297, 594 U.S. __, 2021 WL 2599472 (June 25, 2021), includes powerful language for defendants to use in seeking an early dismissal of consumer class actions...more
7/6/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Last week, the U.S. Supreme Court issued its highly anticipated ruling in Mahanoy Area School District v. B. L., No. 20-255, (U.S. June 23, 2021), upholding students' free speech rights for the first time since 1969. In an...more
The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action based on an alleged...more
When the Supreme Court granted certiorari in Spokeo v. Robins, it was clear that a ruling in the case would have significant implications for litigation under privacy statutes. The issue before the Court was whether Congress...more
A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’ dismissals of class action...more
In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more
In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more
5/4/2015
/ Corporate Counsel ,
Fair Credit Reporting Act (FCRA) ,
Federal Jurisdiction ,
Imminent Harm ,
Popular ,
Private Right of Action ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Young Lawyers
On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more
Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception...more
The U.S. Supreme Court has declined to review a case challenging the fairness of a cy pres settlement of a class action against Facebook related to Facebook’s “Beacon” program that was launched in late 2007. Although the...more