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... down a number of interesting opinions relating to class actions in recent months: In Chalk v. T-Mobile USA, Inc., 560 F.3d 1087 (Mar. 27, 2009), the court struck down an ... a class action ban as unconscionable under Oregon law. In Hunt v. Imperial Merchant Servs., Inc., 560 F.3d 1137 (Mar. 31, 2009), the court held, apparently for the first ... waiting for the Ninth Circuit to hand down its en banc opinion in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720, which was argued on March 24, 2009.

... such a clause unenforceable under Washington state law. See Lowden v. T-Mobile USA, Inc., No. 06-35395 __ F.3d __ , 2008 WL 170279 ... waiver was unconscionable. In another recent case, Shroyer v. New Cingular Wireless Servs., Inc., 498 F.3d 976 (2007), the Ninth Circuit held that a mandatory arbitration clause with ... While I agree that creditors prefer arbitration clauses in order to avoid class actions, I don't agree with his analysis of the relative overall costs. He suggests that, even factoring in ...

... unfair business practices in connection with cellular telephone text messaging; specifically, the class action alleged that "T-Mobile charges customers for the receipt of unsolicited text messages, and does not adequately disclose the practice in its contract with customers." Zaldivar v. T-Mobile USA, Inc., ___ F.Supp.2d ___ (W.D. Wash. July 15, ... the class action. The federal court distinguished Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097 (9th Cir. 2003), which held that a plaintiff who "' ...

... for roaming and other services that should have been free." Lowden v. T-Mobile USA, Inc., 512 F. 3d 1213, 1215 (9th Cir. 2008). The service ... arbitration clause under "a principle that applies to contract generally." Id. (citing Doctor's Assocs., Inc. v. Casarotto, 517 U.S. 681 (1996)). The Ninth Circuit rejected defense arguments ... under the FAA," relying on its prior opinion in Shroyer v. New Cingular Wireless Servs., Inc., 498 F.3d 976 (9th Cir. 2007), discussing a similar class action waiver ...

... customers cannot use if they switch to another carrier. Gatton v. T-Mobile USA, Inc., 152 Cal.App.4th 571, 61 Cal.Rptr.3d ... be unlocked simply by entering a numerical code, id. The class action complaint alleges that T-Mobile falsely represents that its phones "are not compatible with and will not work with other wireless ... waiver provision was not procedurally unconscionable "because plaintiffs had the option of obtaining mobile phone service from one of two other providers whose agreements did not ...

NTP, a Virginia-based patent holding company, has filed lawsuits in the U.S. District Court for the Eastern District of Virginia [EDVa] against Verizon Wireless, AT&T Inc., Sprint Nextel Corp. and Deutsche Telekom AG's T-Mobile USA. The NTP complaint seeks unspecified damages and an injunction requiring the defendants to stop the alleged patent infringement. NTP previously prevailed against RIM, obtaining a 612.5 million settlement. See also ZDNet--> NTP: We sue the (wireless) world.

... -term lease masquerading as a loan. If mobile home owners are really renters, You're really a renter in disguise, aren't you? None of the appreciation, all ... particular borrower might default, and as we have seen in previous posts, mobile homes generally do not retain their residual value, in part because ... without a compaction of capital, the incentives are entirely misaligned. That in fact happened here: Conseco Inc., an insurance, investment and lending company based in Carmel, filed for Chapter 11 ...

... Conference of May 22, 2008 __________________ Docket: 07-976 Case name: T-Mobile USA, Inc., et al. v. Laster, et al. Issue: Whether, under ... reply Amicus brief of CTIA -The Wireless Association (in support of the petitioner) Amicus brief of AT&T Mobility LLC (in support of neither party) __________________ Docket: 07-977 Case name: ... 's reply __________________ Docket: 07-1111 Case name: The Lighthouse Institute for Evangelism, Inc., et al. v. City of Long Branch, New Jersey Issue: Whether, under ...

In Chalk v. T-Mobile USA, Inc., No. 06-35909 (9th Cir. Mar. 27, 2009), the issue before the Ninth Circuit is whether a class action waiver in an agreement between T-Mobile and its customers is ... PC card manufactured by Sony. The card enables computers to connect wirelessly to the Internet. By signing the one-year service agreement with T-Mobile, the plaintiffs acknowledged that the agreement: REQUIRES MANDATORY ARBITRATION OF DISPUTES; REQUIRES MANDATORY WAIVER OF THE RIGHT TO JURY ...

... (C.D.Cal. 2005) 426 F.Supp.2d 1061, 1069; Laster v. T-Mobile USA, Inc. (S.D.Cal. 2005) 407 F.Supp.2d 1181, 1194), ( ... defendant's store in response to the defendant's "bait and switch" advertisement -- but then didn't buy anything -- constituted "injury in fact" and "loss of money or property." Id. at 16-17. ... law disregards trifles" must be applied to limit the "any damage" requirement of the CLRA. (Harris v. Time, Inc. (1987) 191 Cal.App.3d 449, 458 [holding that a suit for damages based on being ...