Appeals Court Affirms FCC’s Rule Repeal In Fax Marketing Decision

While traditional fax machines are less and less common today, litigation over fax marketing remains as rampant as ever. The Telephone Consumer Protection Act (“TCPA”) governs fax marketing and tasks the Federal Communications Commission (“FCC”) with creating rules for telemarketers to follow. One such rule required telemarketers to include detailed opt-out instructions on every  fax, including solicited faxes (the “Solicited Fax Rule”). The FCC eventually repealed the Solicited Fax Rule after a federal appeals court found […]

By | December 9th, 2021 ||

CA Appellate Court ‘Sounds Off’ On Neighborly Dispute Over Noisy Property

In Chase v. Wizmann, the California Court of Appeal affirmed a preliminary injunction that ordered a neighbor to relocate his loud pool and air conditioning equipment to the other side of his house, at considerable expense, before trial. This case reminds real property owners to be neighborly to adjacent property owners.

Chase v. Wizmann involved an “acrimonious noise dispute between neighbors” in the Hollywood Hills neighborhood of Mount Olympus in Los Angeles. The plaintiff’s neighbor renovated his […]

By | December 3rd, 2021 ||

The Plot Thickens. New York Court Of Appeals Finds Companies Do NOT Consent To Jurisdiction By Registering To Do Business There.

In a post on October 10, 2021, I shared my thoughts on the Georgia Supreme Court’s recent decision holding that a company that registers to do business in Georgia has ipso facto consented to the general jurisdiction of Georgia courts over lawsuits brought there. I explained this was the minority rule. The New York Court of Appeals recently added clarity to the majority position by holding that companies do NOT consent to general jurisdiction simply because […]

By | December 1st, 2021 ||