Gil Walton The United States Court of Appeals for the Ninth Circuit recently vacated a district court order approving a $5.2 million class action settlement between a plaintiff and Tinder, Inc., the mobile dating app. The Ninth Circuit reasoned that because the plaintiff was subject to binding arbitration, while thousands of other class members were […]
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Gil Walton The United States Court of Appeals for the Ninth Circuit recently held that plaintiffs who purchased products through defendants’ sporting goods websites were put on notice of arbitration provisions because the plaintiffs were presented with a conspicuous hyperlink to defendants’ terms of use containing those provisions. The Ninth Circuit’s opinion in Patrick, et […]
Read MoreJosephine K. Petrick The California Supreme Court decided Adolph v. Uber Technologies, Inc., No. S274671, 2023 WL 4553702 (Cal. July 17, 2023), in which it unanimously held that, when an employee is required to arbitrate his or her individual Labor Code claims against an employer, the employee still has standing to pursue a representative action […]
Read MoreJosephine K. Petrick In late June 2023, the U.S. Supreme Court handed down its decision in Coinbase, Inc. v. Bielski, No. 22-105, 599 U.S. __ (2023), holding that an automatic stay applies when a defendant appeals a district court’s denial of its motion to compel arbitration—a significant development in arbitration law and federal appellate procedure. […]
Read MoreThe Supreme Court dealt a blow to False Claims Act defendants in a decision that will give greater leverage to both the Department of Justice and private plaintiffs (relators), eliminating a key defense strategy for disposing of cases before discovery begins.
Read MoreSince 2015, soon after Michael Binday’s conviction was affirmed on appeal by the Second Circuit, we began what has become an eight-year effort to overturn an overbroad and constitutionally vague construction of the federal fraud statutes that labelled a complaining witness’ desire for information (called its “right to control its property”) as property itself. We […]
Read MoreThe California Court of Appeal’s recent opinion in Chen v. BMW of North America, offers important lessons for litigants ….
Read MoreA successful Section 1030 motion can stop frivolous claims by out-of-state plaintiffs ….
Read MoreJudge Donato’s decision in DZ Reserve is a good reminder – and confirmation – of the relatively rigorous standards that apply to sealing court records.
Read MoreIn Brown v. TGS Management Co., LLC, the California court held that the arbitrator exceeded his powers by failing to reach the merits of a statutory claim ….
Read MoreOn January 24, 2020, Senior Associate Matthew Turetzky spoke at the New Mexico Health Law Roundtable in Taos. Addressing lawyers, consultants, and professionals from the government, private practice, and in-house roles, Matthew described the keys to swaying the government’s interest in a False Claims Act case long before the parties begin briefing motions and engaging in costly discovery.
Read MoreQualcomm Inc. “strangled competition” in the wireless device chip market and abused its dominant industry position to extract unfair technology licensing fees from device manufacturers, United States District Court Judge Lucy Koh ruled on Tuesday in an antitrust case brought against Qualcomm by the Federal Trade Commission.
Read MoreThe Norton Law Firm PC is pleased to announce that Senior Associate Matthew Turetzky will return to the ABA False Claims Act and Qui Tam Trial Institute as a panelist and member of the steering committee.
Read MoreI am thrilled to announce our trial victory on behalf of our client, Ronald Turner.
Read MoreMany arbitration agreements contain a delegation clause – i.e., a clause delegating to an arbitrator the determination of whether a dispute is subject to arbitration.
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