JD Supra

Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s Statutory Scope

The district court had found that while the plaintiff met the Rule 23 prerequisites of numerosity, commonality, typicality, and adequacy of representation, it failed to demonstrate that the proposed ...
Reuters

9th Circuit decertifies tuna price-fixing classes, clamps down on uninjured class members

Antitrust class action plaintiffs won a battle on Tuesday when the 9th U.S. Circuit Court of Appeals ruled in Olean Wholesale Grocery Co-op Inc v. Bumble Bee Foods LLC(2021 WL 1257845) that three ...
Oregonian

9th Circuit hears Oregon State student challenge of full tuition for remote classes during pandemic

A federal appellate court in Portland heard arguments Monday in a case filed by two Oregon State University students who allege the school breached their contract by moving classes online during the ...
JD Supra

Ninth Circuit Enforces Online Arbitration Clause That Tested "Outer Limits" of Reasonable Conspicuousness in Consumer Contract

Last week, the Ninth Circuit upheld the district court's grant of a motion to compel individual arbitration in a case that "tests the outer limits of what constitutes a 'reasonably conspicuous' ...
Law

9th Circuit Clarifies When Online Marketplaces Are Liable for User-Generated Content

The 26-page ruling aligns with similar opinions from the Second, Fourth and Tenth Circuits that found so-called "contributory infringement" requires willful and specific knowledge of the violation. A ...