Well, well. As we still wait to see what the Supreme Court will do about the 5th Circuit's somewhat bizarre, and reasonless reinstatement of Texas' ridiculously bad social media content moderation bill, the 11th Circuit has come out with what might be a somewhat rushed decision going mostly in the other direction, and saying that…
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme.
In Barnett v. First Nat’l Bank of Omaha, Civil Action No. 3:20-cv-337-CHB, 2022 U.S. Dist. LEXIS 37563 the court granted a Defendant’s motion for summary judgment. In assessing the case the Court relief HEAVILY on Barry in determining that a LiveVox dialer was not an ATDS.
In commercial contracts for energy industry operations there is reasonably prudent operator standard and the good and workmanlike standard. We are seeing cases where there is interchangeability of a reasonably prudent operator standard with a good and workmanlike standard.