Ninth Circuit

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DJI, the world’s leading manufacturer of civilian drones, has escalated its dispute with the Federal Communications Commission (FCC) by filing an appeal in the Ninth Circuit after the FCC placed many DJI products on its “covered list,” which the FCC uses for telecommunications equipment it deems an unacceptable national security risk. DJI says the decision…

This post was authored by Class Action Defense team chair Wystan Ackerman and is also being shared on our Class Actions Insider blog.

Some data breach class actions settle quickly, with one of two settlement structures:

(1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is…

On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.” Adidas believed the breach was limited to contact information, usernames and encrypted passwords, and not any stored credit card or fitness information, relating to millions of…

Last week, the Ninth Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Sabre Inc. (Sabre) because the court determined that the lead plaintiff, Shaya Baird, had consented to receiving text messages by providing her phone number when she booked a flight with Hawaiian Airlines. Baird’s complaint alleged that Sabre sent her an…

Back in early November of last year, Spokeo, Inc. (Spokeo) argued before the U.S. Supreme Court seeking to overturn a February 2014 ruling from the Ninth Circuit that revived the Fair Credit Reporting Act (FCRA) lawsuit filed against Spokeo by Thomas Robins.  Robins alleges that Spokeo violated the FCRA by falsely reporting his financial, marital…