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On October 27, 2009, the Ninth Circuit issued an opinion in Laster v. AT&T Mobility LLC concluding a class action waiver used by AT&T in connection with a "free phone" sales promotion was unconscionable under California law. Significantly, AT&T sought to distinguish it's class action waiver from the pack by including a provision providing consumers the potential to collect a premium contractual payment of $7500 (the ...

Per AT&T Mobility, LLC v. National Ass'n for Stock Car Auto Racing, Inc., 494 F.3d 1356 (11th Cir.(Ga.) Aug ... to challenge NASCAR's decision under the RCR Agreement to prohibit the display of the AT&T logo on the # 31 Car, it must establish that it has suffered an injury in fact. See Lujan ... NASCAR's lack of a role in RCR's decision, foreclose the possibility that Cingular or AT&T Mobility is a third party beneficiary of such agreement. It is well settled that a "plaintiff generally must ...

... (S.D.W.Va. 2007). The court remanded the case because AT&T could not establish to the court's satisfaction that the amount in controversy exceeded the Class ... appellate review of remand orders in class actions. In Strawn v. AT&T Mobility LLC, 2008 WL 2575871 (4th Cir. 2008), which was decided on June 30, ... were unaware. (Emphasis in original.) The court found that the plaintiffs failed to rebut AT&T's estimate that 58,500 customers remained enrolled in the roadside assistance program ...

... in mid-2007, both the original and 3G iPhone have always required AT & T service as well as arbitration and class action waivers, although the contract language has ... Flaherty, Jr., and Curtis Smith v. Cingular Wireless, LLC n/k/a AT&T Mobility, LLC, Judge John E. Steele of the Middle District of Florida gave both ... District could have turned to its brethren in the Southern District's Rivera v. AT&T opinion (admittedly not precedent, but gave a similar overview of the Jenkins case). The ...

... has worked in some states but seldom in federal court. Which fact seems to have persuaded AT&T to add a sweetener, at least in the Golden State. If you, the California customer, convince the arbitrator to award more than ... choosing they will get a $30.22 offer -- thereby "greatly reduc[ing] the aggregate liability" AT&T faces for allegedly mulcting small sums of money from many consumers. Laster v. AT&T Mobility LLC, No. 08-56394, at 14397-98 (9th Cir. Oct. 27, 2009). Our feed admires ...

... on September 26, 2007 in Strawn, et al. v. AT&T Mobility, Inc. f/k/a Cingular Wireless LLC, Civil Action No. 2:06-CV-0988. ... the Circuit Court of Kanawha County (Charleston), West Virginia against Cingular (now AT&T), alleging that its decision to enroll them in its roadside assistance program and charge $2.99 per ... exceeds $5,000,000." Even though the decision was in the plaintiffs' favor, they didn't win; Cingular lost. It astounds me that Cingular would offer such a cavalier response to ...

... the country and do something like this, where it's not around children, I wouldn't have much of a problem. If they want to go into a community, an all-adult ... as Oprah and Leeza Gibbons. She was at the meeting to educate parents on how to shut down this mobile home park. The park is called the "Florida Justice Transition" program located at 5015 ... found out that the park's owner is traced back to Rooring Lake Gilbert, LLC. The owners did not return our phone calls. Meanwhile, this predator colony, ...

Weber ex rel Estate of Ruble v. Mobil Oil Corp., No. 06-6337, 2007 WL 3317680 (10th Cir. Nov. 9, 2007). The defendants must have ... defendants relied heavily on the 10th Circuit's decision in Prime Care of Northeast Kansa, LLC v. Humana Ins. Co. to support their position. (Editors' Note: See the CAFA Law ... CAFA. Nice try Mobil! But the court disagreed with this argument for several reasons. First, it found that Prime Care was not controlling because the plaintiffs hadn't amended the pleadings. Second ...

... profiles of children. Meanwhile, in response to complaints it would not specify, Network Solutions LLC decided to suspend a Web hosting account that Dutch filmmaker Geert Wilders was using ... community would be like banishing that person to the outskirts of town. Other sites "don't have the critical mass. No one would see it," said Scott Kerr ... Internet users spend more time using vendor-controlled platforms such as mobile devices or social-networking sites, the community's power to demand free speech ...

Looks like the dissent got it right in American Modern Home Insurance Company v. Reeds at Bayview Mobile Home Park, LLC (4th Cir. (Md) April 14, 2006) (Unpublished). Judge Wilkins recognized the long established theory of liability under one's commercial liability policy (at least the duty to defend) against claims for damage to balance of work in the construction setting allegedly caused by ...