Appellate Law News and Insights

SUMMARY On December 1, 2022, the US Court of Appeals for the Second Circuit vacated a district court's certification of a nationwide class of 8,000+ retirement plans serving hundreds of thousands of participants in an ERISA action filed against the US's largest service provider for 403(b) retirement plans. The underlying...

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Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System ("ATDS") without sufficient prior express consent. As defined by the TCPA, ATDS is "equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or...

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Case law defining the application and scope of the Eliminating Kickbacks in Recovery Act ("EKRA)," 18 U.S.C. §220, has continued to grow since its passage in 2018. Over the past several months, the United States District Court for the Northern District of California, San Jose Division, issued rulings in relation to...

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