24 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,210 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Batzel v. Smith
333 F.3d 1018 (9th Cir. 2003) Cited 359 times 17 Legal Analyses
Holding that the denial of an anti-SLAPP motion is appealable under § 1291
Gomez v. Campbell-Ewald Co.
768 F.3d 871 (9th Cir. 2014) Cited 154 times 25 Legal Analyses
Holding principals liable under the TCPA for agents’ phone calls
Ball v. Kotter
723 F.3d 813 (7th Cir. 2013) Cited 157 times
Affirming grant of summary judgment in favor of attorney because plaintiff did not provide expert testimony regarding an attorney's standard of care related to conflicts of interest and also stressing that a violation of the Rules of Professional Conduct does not alone establish liability for legal malpractice.
Opp v. Wheaton Van Lines, Inc.
231 F.3d 1060 (7th Cir. 2000) Cited 148 times
Holding that reasonable fact finder could conclude that agent had no apparent authority to sign bill of lading limiting principal's liability, in part, because principal previously told mover that she wanted to insure her property for its full value
Schaffer v. A.O. Smith Harvestore Prod., Inc.
74 F.3d 722 (6th Cir. 1996) Cited 155 times
Affirming district court's refusal to consider Rule 56(f) affidavit where "Plaintiffs have not explained why they did not bring Defendants' alleged numerous failures to comply with discovery requests to the attention of the court in a timely manner"
Thomas v. Taco Bell Corp.
582 F. App'x 678 (9th Cir. 2014) Cited 60 times 11 Legal Analyses
Holding plaintiff failed to plead apparent authority theory where the "[plaintiff] has not shown that she reasonably relied, much less to her detriment, on the apparent authority with which the [defendant] allegedly cloaked the [third parties to violate the TCPA]"
Thomas v. Taco Bell Corp.
879 F. Supp. 2d 1079 (C.D. Cal. 2012) Cited 64 times 2 Legal Analyses
Holding that defendant could not be held vicariously liable for alleged TCPA violations because the defendant did not exercise control over the "manner and means" by which a text message campaign was designed and executed
Smith v. State Farm Mut. Auto. Ins. Co.
30 F. Supp. 3d 765 (N.D. Ill. 2014) Cited 51 times
Holding vicarious liability adequately pleaded under similar circumstances
Jackson v. Caribbean Cruise Line, Inc.
88 F. Supp. 3d 129 (E.D.N.Y. 2015) Cited 48 times 1 Legal Analyses
Finding allegations of a contract between cruise line and telemarketer sending text message did not allege power to give interim instructions, and non-conclusory allegations failed to "nudge" claims "across the line from conceivable to plausible"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,663 times 733 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Birchmeier et al v. Caribbean Cruise Line, Inc. et al

24 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that the denial of an anti-SLAPP motion is appealable under § 1291

Holding principals liable under the TCPA for agents’ phone calls

Holding that reasonable fact finder could conclude that agent had no apparent authority to sign bill of lading limiting principal's liability, in part, because principal previously told mover that she wanted to insure her property for its full value

Affirming district court's refusal to consider Rule 56(f) affidavit where "Plaintiffs have not explained why they did not bring Defendants' alleged numerous failures to comply with discovery requests to the attention of the court in a timely manner"

Holding plaintiff failed to plead apparent authority theory where the "[plaintiff] has not shown that she reasonably relied, much less to her detriment, on the apparent authority with which the [defendant] allegedly cloaked the [third parties to violate the TCPA]"

Holding that defendant could not be held vicariously liable for alleged TCPA violations because the defendant did not exercise control over the "manner and means" by which a text message campaign was designed and executed

Holding vicarious liability adequately pleaded under similar circumstances

Finding allegations of a contract between cruise line and telemarketer sending text message did not allege power to give interim instructions, and non-conclusory allegations failed to "nudge" claims "across the line from conceivable to plausible"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals