Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LACI SATTERFIELD, individually,  and on behalf of others similarly situated, No. 07-16356 Plaintiff-Appellant, v.  D.C. No. CV-06-02893-CW SIMON & SCHUSTER, INC., a New OPINION York corporation; IPSH!NET,

569 F.3d 946 (2009) Laci SATTERFIELD, individually, and on behalf of others similarly situated, Plaintiff-Appellant, v. SIMON & SCHUSTER, INC., a New York corporation;Ipsh!Net, a Delaware corporation akaIpsh, Defendants-Appellees. No. 07-16356. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 11, 2009. Filed June 19, 2009.

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT Re: Dkt. Nos. 68, 73, 85, 92 VINCE CHHABRIA, United States District Judge Twitter contends it cannot be liable under the Telephone Consumer Protection Act for the unwanted tweets it delivered via text message to the plaintiffs cell phone, because it should not be con

MEMORANDUM RE: MOTION FOR SUMMARY JUDGMENT BAYLSON, District Judge. I. Introduction Surely, one of the unwelcome consequences of the digital age are unsolicited messages, telephone calls, and emails. However, this phenomenon is not new. Unwelcome circumstances have faced characters in literature and opera for centuries. Victims of circumstance are often portrayed by Shakespeare

OPINION GOULD, Circuit Judge: This is a consumer protection case arising from text messages about a gym membership. The parties dispute the scope of the consumer’s consent to being contacted after he gave his cell phone number while signing up for a gym membership, and whether he revoked his consent when he cancelled the membership. For purposes of the T

OPINION BENAVIDES, Circuit Judge: Plaintiff Jose Gomez appeals adverse summary judgment on personal and putative class claims brought pursuant to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(l)(A)(iii) (2012). Gomez alleges that the CampbellEwald Company instructed or allowed a third-party vendor to send unsolicited text messages on

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TRINITY WARNER, No. 17-16910 Plaintiff-Appellant, D.C. No. v. 2:15-cv-01212-GMS EXPERIAN INFORMATION SOLUTIONS, INC., an Ohio OPINION corporation, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona

OPINION IKUTA, Circuit Judge: Flemming Kristensen received a text message from AC Referral that violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. In this class action against three lenders and two marketing companies, Kristensen claims that they had ratified the unlawful text messages. Becau

OPINION PER CURIAM: In this opinion, we resolve Miguel Osu-na-Alvarez’s challenge to his conviction for aggravated identity theft, in violation of 18 U.S.C. § 1028A. Osuna-Alvarez (“Osu-na”) contends that because he had permission to use his twin brother’s passport, he therefore did not use the passport “without lawful authority,” as required by the s

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LUCINE TRIM, individually and on No. 22-55517 behalf of all others similarly situated, D.C. No. Plaintiff-Appellant, 2:20-cv-01027- v. SVW-KS REWARD ZONE USA LLC; DOES, 1-10 inclusive, OPINION Defendants-

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BOARD OF TRUSTEES OF THE No. 20-35545 WESTERN STATES OFFICE AND PROFESSIONAL EMPLOYEES PENSION D.C. No. FUND, 3:19-cv-00811- Plaintiff-Appellant, SB v. OPINION WELFARE & PENSION ADMINISTRATION SERVICE, INC., Defendant-Appellee. Appea

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BOARD OF TRUSTEES OF THE No. 20-35545 WESTERN STATES OFFICE AND PROFESSIONAL EMPLOYEES PENSION D.C. No. FUND, 3:19-cv-00811- Plaintiff-Appellant, SB v. OPINION WELFARE & PENSION ADMINISTRATION SERVICE, INC., Defendant-Appellee. Appea

Honorable Barry Ted Moskowitz, United States District Judge This matter comes before the Court on the Defendants' motion to dismiss the third superseding indictment for violation of the Appointments Clause of the United States Constitution, filed on November 16, 2018. (ECF No. 73 ("Def.'s MTD").)1 The government filed a response in opposition on December 1, 2018. (ECF No. 84 ("Government's Opp'n").) Def

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AUDREY FOBER, on behalf of herself No. 16-56220 and all others similarly situated, Plaintiff-Appellant, D.C. No. 8:15-cv-01673- v. CJC-DFM MANAGEMENT AND TECHNOLOGY CONSULTANTS, LLC; DOES, 1 OPINION throug

ORDER HILDY BOWBEER, United States Magistrate Judge This matter came before the Court for a hearing on October 14, 2016, on Defendant Synchrony Bank’s Motion to Stay Proceedings Pending Ruling by the D.C. Circuit Court of Appeals [Doc. No. 19]. Defendant moves for an order staying this case pending a decision in ACA International v. FCC, Case No. 15-1211 (D.C. Cir.). For the reasons set forth bel

MEMORANDUM WILLIAM J. NEALON, District Judge. Plaintiff, Kristen Forrest, initiated this matter by filing a complaint on November 12, 2012 against the Defendant, Genpact Services, LLC, alleging that Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) and the Fair Debt Collections Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”) by placing calls to Plaintif

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE DENNIS BERKOVICH; MARINA No. 20-60046 VOLOSHIN, Debtors, BAP No. 20-1025 DENNIS BERKOVICH, Appellant, OPINION v. CALIFORNIA FRANCHISE TAX BOARD, Appellee. Appeal from the Ninth Circuit Bankruptcy Appellate

GORDON J. QUIST, UNITED STATES DISTRICT JUDGE On April 12, 2017, Plaintiff, Karen Saunders, filed an action under the Telephone Consumer Protection Act (TCPA) against Defendant, Dyck O'Neal, Inc. The facts arise out of Dyck O'Neal's efforts to collect a mortgage deficiency that Saunders alleges her ex-husband owes. From 2015 through 2017, Dyck O'Neal called repeatedly and left a number of voicemails on Saunders' phone. Dyck O'Neal u

ORDER DENYING MOTION TO DISMISS JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss [DE 9] (“Motion”). The Court has considered the Motion, Plaintiffs Opposition [DE 16], Defendant’s Reply [DE 23], and Plaintiffs Surreply [DE 29], and is otherwise advised in the premises. I. BACKGROUND This putative class

HAMILTON, Circuit Judge. Etta Scott filed suit on behalf of herself and a putative class alleging that defendant Westlake Services LLC repeatedly called her in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Before Scott moved to certify a plaintiff class, Westlake offered to pay Scott the full statutory damages for any calls that violated the TCP