Appellate Law News and Insights

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System ("ATDS") without sufficient prior express consent. As defined by the TCPA, ATDS is "equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or...

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Case law defining the application and scope of the Eliminating Kickbacks in Recovery Act ("EKRA)," 18 U.S.C. §220, has continued to grow since its passage in 2018. Over the past several months, the United States District Court for the Northern District of California, San Jose Division, issued rulings in relation to...

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Legal Ether and Our Children's Children This week the U. S. Supreme Court turned down a case seeking to overturn the truly questionable 1970 decision in Williams v. Florida where it was held that the constitutional right to a jury trial does not require a jury of 12. Justices Kavanagh and Gorsuch...

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