B&P Code 6128(a) makes it a misdemeanor for an attorney to engage in deceit or collusion with intent to deceive the court or a party. In this case, the LA and San Francisco district attorneys sued the Potter law firm claiming it engaged in an unlawful business practice in violation of B&P Code 6128(a) and 17200 by filing shakedown ADA… Read More
Ford removed this action to federal court under CAFA, then successfully moved to dismiss it under Rule 12(b)(6) because the plaintiff did not allege he had suffered an injury to his business, his person, or his reputation as required by the Washington privacy statute under which he sued. On appeal, plaintiff argued that the lack of injury showed he did… Read More
The owner and subscriber of a phone with a number listed on the Do-Not-Call Registry has suffered an injury in fact sufficient to confer Article III standing when unsolicited telemarketing calls or texts are sent to the number in alleged violation of the Telephone Consumer Protection Act even if the communications are intended for or solicited by another individual, and… Read More
The district court erred in entering judgment in favor of the defendant property owner in this ADA suit over the parking lot's lack of a space for parking a van with an access path for a person confined to a wheelchair. The fact that plaintiff was a serial litigant in ADA cases was not a reason to deny him Article… Read More
Though not limited by US Const. Art. III case or controversy standing requirements, California court apply prudential standing requirements. Absent a statutory grant of standing to represent the general public, a plaintiff must generally show that he has a beneficial interest in the claim he pursues. A statute like FCRA that allows for statutory damages that are intended to compensate… Read More
Following Van Patten v. Vertical Fitness Group, LLC (9th Cir. 2017) 847 F.3d 1037, this decision holds that a person who receives a non-consented-to robocall in violation of the TCPA has Article III standing since the claim is similar to a common law claim for invasion of privacy and is statutorily protected. Read More
Pinkert established a donor advised fund at Schwab, allowing him to take current year tax deductions for charitable donations that were not distributed until later. He sued Schwab for charging excessive fees to the fund and for mismanaging it, both of which decreased the amounts ultimately distributed to charities. This decision holds that Pinkert lacked Article III standing as he… Read More
Plaintiff lacked Article III standing to challenge the FTC's opinion letter which took the position that use of soundboard technology on collection calls involved use of prerecorded messages that violated the FTC Telemarketing Sales Rule. The complaint did not allege that plaintiff had any concrete plans to violate the FTC's new interpretation of its Telemarketing Sales Rule. Read More
As the party invoking federal judicial power, the removing defendant bears the burden of establishing the facts necessary to support Article III standing (with the manner and degree of evidence appropriate to the stage of litigation--which on a motion for remand means taking alleged facts to be true). Here, Experian established plaintiffs' standing. They alleged that Experian had violated 15… Read More
