On April 1, 2021, the U.S. Supreme Court unanimously reversed the Ninth Circuit Court of Appeals' interpretation of the definition of “automatic telephone dialing system” (ATDS), or autodialer, under the Telephone Consumer Protection Act (TCPA). The Court held that a “necessary feature” of an ATDS “is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.” 

(Failure to Settle Based on Pre-Suit Offer to Settle Subrogation Claim Demanding Amount in Excess of Policy Limits Supported Bad Faith Claim Based on Opportunity to Settle Within Policy Limits)

(Insurance Code Section 12414.26 Does Not Provide Immunity to Title Insurers For Charging Unauthorized Rates For Title Insurance)

(Bad Faith Verdict Reversed as Plaintiff Failed to Include Instruction Requiring That Insurer Acted Unreasonably in Refusing to Accept Reasonable Settlement Demand)

(Civil Code Section 2954.8 Does Not Require a Lender to Pay Interest on Insurance Proceeds Held in Escrow For Payment of Repairs For Damage Sustained by Home Covered by Property Insurance)

(Question of Fact Regarding When Property Damage Occurred Required Reversal of Judgment in Favor of Insurer)

On March 25, 2021, the United States Supreme Court ruled in Ford Motor Co. v. Montana Eighth Judicial District Court that the connection between the Montana and Minnesota plaintiffs’ claims and Ford’s activities in those states is close enough to support specific jurisdiction. Thus, an auto manufacturer can be sued in a state over injuries from vehicle accidents occurring in the state despite the vehicles in question being manufactured and originally sold elsewhere.

The Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) has held that an employer may be required to pay for all or part of a Uniformed Services Employee Reemployment Rights Act (USERRA) covered military leave. USERRA protects servicemembers by mandating that employers provide leave to accommodate military leaves of absence and re-employ servicemembers who timely return to work after their service.