14 Cited authorities

Commissioner v. Culbertson
337 U.S. 733 (1949) Cited 533 times 5 Legal Analyses
Requiring courts to "consider all facts" to determine the parties' "true intent," i.e., that "the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise"
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"
Toney v. Quality Res., Inc.
75 F. Supp. 3d 727 (N.D. Ill. 2014) Cited 43 times
Holding that providing a phone number "for questions about [an] order" did not constitute consent to receive phone call advertisements
Golan v. Veritas Entm't, LLC
788 F.3d 814 (8th Cir. 2015) Cited 39 times 3 Legal Analyses
Holding that receipt of two brief unsolicited robocalls as voicemail messages was sufficient to establish standing under TCPA
Jackson-Shaw v. Jacksonville Aviation Auth
8 So. 3d 1076 (Fla. 2008) Cited 33 times
Listing elements required to create joint venture
Mey v. Pinnacle Sec., LLC
Civil Action No. 5:11CV47 (N.D.W. Va. Sep. 12, 2012) Cited 14 times 3 Legal Analyses
Holding vicarious liability rules apply to § 227(b) violations
Skeen v. Carnival Corp.
Case No.: 08-22618-CIV COOKE/BANDSTRA (S.D. Fla. Apr. 24, 2009) Cited 15 times
Finding that the plaintiff did not adequately plead a joint venture where each entity contributed its own assets individually that were used to conduct the business

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

14 Cited authorities

Requiring courts to "consider all facts" to determine the parties' "true intent," i.e., that "the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise"

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 that providing a phone number "for questions about [an] order" did not constitute consent to receive phone call advertisements

Holding that receipt of two brief unsolicited robocalls as voicemail messages was sufficient to establish standing under TCPA

Listing elements required to create joint venture

Holding vicarious liability rules apply to § 227(b) violations

Finding that the plaintiff did not adequately plead a joint venture where each entity contributed its own assets individually that were used to conduct the business