Christopher Wong and Aishlin Cook

Bad faith blowback: Ninth Circuit affirms dismissal of insurer’s anti-SLAPP motion to strike bad faith claim

An insurer that brings an action against its insured in California where the insured asserts a counterclaim alleging bad faith may consider filing a motion to strike based on California’s anti-SLAPP statute.

However, a recent federal appellate decision suggests that the insurer will face an uphill battle to prevail on such a motion. This article discusses the recent decision that denied the insurer’s motion to strike pursuant to the anti-SLAPP statute and contrast a similar case in the San Francisco County Superior Court where an insurer’s motion was granted.

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ALL INSIGHTS

Bipartisan American Privacy Right Act Legislation Represents Another Attempt to Streamline Privacy Rights and Control of Personal Data

On Sunday, April 7, 2024, a bipartisan discussion draft of the American Privacy Rights Act (“the APRA”) was presented by House Committee on Energy and Commerce Chair Cathy McMorris Rodgers, R-Wash., and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell, D-Wash., in suppor

Oregon Supreme Court Confirms Outside Deadline for Legal Malpractice Claims

On November 28, 2023, the Oregon Supreme Court confirmed the existence of an outside deadline for pursuing legal malpractice claims apart from the statute of limitations. At issue in Marshall v. PricewaterhouseCoopers, 371 Or. 536 (2023) was the applicability of a statute of repose to actions

Telephone Consumer Protection Act: Seventh Circuit Adds To Trend of Limiting The Definition of Auto-Dialer Under TCPA, But Uncertainty Remains

There have been positive developments for defendants in the Telephone Consumer Protection Act (“TCPA”) landscape this week.On February 19, 2020, the Seventh Circuit Court of Appeals issued the much-awaited opinion in Gadelhak v. AT&T Servs., Inc., No. 19-1738, 2020 WL 808270 (7th Cir. Feb. 19, 2020)