Legal Opinion

Jose Gomez v. Campbell-Ewald Co.

Court of Appeals for the Ninth Circuit

Decided September 19, 2014No. 13-55486PublishedCited by 103 opinions

1Opinion of the Court

OPINION

BENAVIDES, Circuit Judge:

Plaintiff Jose Gomez appeals adverse summary judgment on personal and putative class claims brought pursuant to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(l)(A)(iii) (2012). Gomez alleges that the CampbellEwald Company instructed or allowed a third-party vendor to send unsolicited text messages on behalf of the United States Navy, with whom Campbell-Ewald had a marketing contract. Because we conclude that Campbell-Ewald is not entitled to immunity, and because we find no alternate basis upon which to grant its motion for summary…

2Cases cited32 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
  5. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005

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3Cited by103 opinions

  1. Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
  2. Arnold Chapman v. First Index, IncorporatedCourt of Appeals for the Seventh Circuit · 2015
  3. Jones v. Royal Admin. Servs., Inc.Court of Appeals for the Ninth Circuit · 2017
  4. Greg Adkisson v. Jacobs Engineering Group, IncCourt of Appeals for the Sixth Circuit · 2015
  5. Mavrix Photographs, LLC v. Livejournal, Inc.Court of Appeals for the Ninth Circuit · 2017

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