Legal Opinion · Dissent

Los Angeles Lakers, Inc. v. Federal Insurance Co.

Court of Appeals for the Ninth Circuit

Decided August 23, 2017No. 15-55777Published

1DissentTallman, Circuit Judge

I thought we were interpreting a statute based on the elements of the cause of action it creates. But Judge Smith, writing for a divided court, insists that we must determine whether Congress enacted the Telephone Consumer Protection Act (the “TCPA”) only to prevent invasions of privacy, or whether it also meant to address other concerns. Maj. Op. at 801-02. I respectfully disagree. When Congress defines a cause of action based on specific and unambiguous statutory elements, what matters is what the statute says — not what motivated enactment of the statute.

Because nothing within the words…

2Cases cited24 opinions

  1. Manzarek v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Ninth Circuit · 2008
  2. Cooper Industries, Inc. v. Aviall Services, Inc.Supreme Court of the United States · 2004
  3. MacKinnon v. Truck Insurance ExchangeCalifornia Supreme Court · 2003
  4. Satterfield v. Simon & Schuster, Inc.Court of Appeals for the Ninth Circuit · 2009
  5. CTS Corp. v. WaldburgerSupreme Court of the United States · 2014

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