Appellate Law News and Insights

As briefing nears completion in the Zafirov appeal, another federal judge recently added his voice to the chorus of those saying the FCA is unconstitutional. In a recent concurring opinion in U.S. ex rel. Montcrief v. Peripheral Vascular Associates, P.A. (No. 24-50176), Judge Stuart Kyle Duncan of the U.S. Court of Appeals for...

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The Ninth Circuit's recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. What began as a mass arbitration involving over one hundred thousand identical demands against Starz—which could have incurred over $12 million in arbitration fees if administered individually—may now provide...

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The Eleventh Circuit Court of Appeals has overturned the 2023 Federal Communications Commission (FCC) Order that introduced stricter consent requirements for telemarketing and advertising robocalls. As a result, businesses are no longer required to follow the "one-to-one-consent" rule or the "logically-and-topically-related" rule. Background on the FCC's 2023 Order In 2023,...

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