Well the huge Creasy challenge to the Ninth Circuit Court of Appeals just ended in a dud.
Much like that time the Defendant settled Marks while it was pending cert review to the US Supreme Court, Rash Curtis-the defendant with a huge $267MM TCPA judgment— has apparently come to terms with the Plaintiffs in the suit and will shortly be writing a (presumably) large-but-smaller-than-it-could-have-been check. That strips TCPAWorld denizens of their best chance of getting the Ninth Circuit’s prompt take on Creasy and the viability of the TCPA post-AAPC.
Details of the settlement are not yet public but the critical appeal–which raised Creasy issues before the Ninth Circuit Court of Appeals–has been put on hold. Here’s today’s filing on the subject: Rash Curtis Settlement
That makes Lindenbaum the only Circuit Court of Appeals level case currently weighing Creasy–and makes the battle over recusal of Judge Stranch all the more meaningful.
We’ll keep an eye on all of this.