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Based on the facts before it, the Supreme Court in American Pipe limited the tolling of absent class member claims in at least two ways: (1) to cases in which class certification had been denied and (2) to cases in which the denial of class certification was not for lack of standing by the named plaintiff. American Pipe, 414 U.S. at 552–53. While American Pipe noted these limitations, courts have struggled with both restrictions because they can appear to lead to inequitable results and be inconsistent with the reasoning behind American Pipe. This has led some courts to allow tolling i...

To embed, copy and paste the code into your website or blog: The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the Federal Aviation Administration Authorization Act (FAAAA or F4A) preemption language precludes such application.   In a blow to motor carriers statewide, the Court reversed the previously ordered injunction against the application of AB5 to California’s motor carriers, holding that AB5 is not preempted under th...

To embed, copy and paste the code into your website or blog: On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining a final cease and desist order in an administrative proceeding under the Act. In a unanimous opinion authored by Justice Breyer, the Court held in AMG Capital Mgmnt., LLC v. FTC, No. 19-508, that § 13(b) does not authorize the FTC to seek equitable monetary awards in addition to injunctive relief in sta...

In a 9-0 decision issued on April 22, 2021, the United States Supreme Court held that the Federal Trade Commission’s (“FTC”) authority to seek equitable monetary remedies (restitution...

Friday, April 16, 2021 The U.S. District Court for the District of Colorado appears to have beat the rest of the judiciary to the post- Facebook pleading stage punch in the form of a recommendation to allow an ATDS claim past the pleadings in  Montanez v. Future Vision Brank Bank, LLC. [1] The plaintiff alleged receiving “numerous telemarketing text messages” she claims were sent with “a combination of hardware and software systems” that had “the capacity to store telephone numbers using a random or sequential generator, and to dial such numbers from a list without huma...