|TCPA Hot Issues: Is the Scope of Consent Unlimited?|
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
September 11, 2014, previously published on September 3, 2014What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone number to a company in connection with a specific transaction or...
|For Whom the Ring Tones: TCPA Litigation and the Insurance Industry|
Thomas M. Byrne, Thomas W. Curvin, Ellen M. Dunn, Juan C. Garcia, Cheryl L. Haas; Sutherland Asbill & Brennan LLP;
August 28, 2014, previously published on August 25, 2014Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated telephone dialing system—or that has independent or...
|Supreme Court of Texas Finds Contractors Cannot Recover Delay Damages for Negligent Misrepresentation Against an Owner’s Architect in a Case That Highlights the Economic Loss Rule|
Lee C. Davis, Nkoyo-Ene Effiong, Juan C. Garcia; Sutherland Asbill & Brennan LLP;
June 24, 2014, previously published on June 23, 2014On June 20, Texas joined a number of states that apply the economic loss rule to damages claims arising from negligent misrepresentation between contractors and the owner’s architect. In LAN/STV v. Martin K. Eby Construction Company, Inc., No. 11-0810,1 the Supreme Court of Texas reversed the...
|Fifth Circuit Limits Pollution Liability|
David A. Baay, Rachel Giesber Clingman, Juan C. Garcia, Daniel Johnson, Sean D. Jordan; Sutherland Asbill & Brennan LLP;
February 27, 2014, previously published on February 26, 2014In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal waters. That means states and local governments cannot collect penalties...
|Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration|
Wilson G. Barmeyer, Juan C. Garcia, Evan J. Taylor, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
January 16, 2012, previously published on January 12, 2012 Compucredit Corp. v. Greenwood, decided January 10, 2012 is the latest in a series of U.S. Supreme Court opinions that have come down firmly on the side of the enforceability of consumer arbitration agreements. Lining up 8-1 in favor of Petitioner Compucredit, the justices rejected a determination...