Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Dave Embree
SCOTUS closes door on patient challenge to Planned Parenthood defunding
(June 26, 2025) - The U.S. Supreme Court has ruled that a Medicaid recipient cannot file a civil rights suit challenging South Carolina's decision to exclude abortion providers from its Medicaid program. In a 6-3 decision written by Justice Neil M. Gorsuch, the high court held June 26 that Medicaid's "any-qualified-provider" provision does not clearly and unambiguously confer enforceable individual rights, reversing a ruling from the 4th U.S. Circuit Court of Appeals.
SCOTUS: District courts not bound by FCC statutory interpretations
(June 20, 2025) - The U.S. Supreme Court has ruled that federal district courts are not required to defer to an administrative agency's interpretation of a statute in civil enforcement proceedings, even when preenforcement challenges to that interpretation must be filed in appellate courts..
Final FCC orders do not bind federal district courts, Supreme Court says
(June 20, 2025) - The U.S. Supreme Court has ruled that district courts in enforcement proceedings are not required to follow final orders from the Federal Communications Commission and several other agencies despite a federal law that sends challenges directly to the courts of appeal. McLaughlin Chiropractic Associates Inc. v. McKesson Corp. et al., No. 23-1226, opinion issued (U.S. June 20, 2025). In a 6-3 decision written by Justice Brett M.
SCOTUS leaves class-action standing question unresolved
(June 05, 2025) - The U.S. Supreme Court has declined to address whether classes containing potentially uninjured members can be certified, dismissing an appeal that had the potential to reshape class-action practice. Laboratory Corp. of America Holdings v. Davis et al., No. 24-304, opinion issued, (U.S. June 5, 2025).
4th Circuit says TCPA lawyers' activities protected by First Amendment
(May 08, 2025) - Attorneys who pursued dozens of robocall claims against a major student loan servicer are protected by the First Amendment, even if they aggressively cultivated those cases, a federal appeals court has ruled. Navient Solutions LLC v. Lohman et al., Nos. 23-2109 and 23-2163, (4th Cir. May 6, 2025).
2nd Circuit revives veteran's home equity claim against city
Enter to open, tab to navigate, enter to select
Fractured 4th Circuit affirms judgment in geofence warrant case
Enter to open, tab to navigate, enter to select
Supreme Court weighs standing requirements for class certification
(April 30, 2025) - The U.S. Supreme Court heard over two hours of oral argument April 29 to consider whether courts may certify damages classes that include potentially uninjured members. Laboratory Corp. of America Holdings v. Davis et al., No. 24-304, oral argument held (U.S. Apr. 29, 2025). The justices grappled with the question of whether Article III of the U.S. Constitution or Federal Rule of Civil Procedure 23(b)(3) requires that all class members have standing at the certification stage.
Big Tech Docket: Google faces potential breakup after monopoly ruling
(April 29, 2025) - A Virginia federal judge could force Google LLC to divest key portions of its advertising business after finding the tech giant guilty of monopoly power, while EU regulators imposed their first major penalties under a new digital competition law. Here's a roundup of recent events in the world of Big Tech.
SCOTUS preview: Must every class member have standing at certification?
(April 25, 2025) - The U.S. Supreme Court will hear oral argument April 29 in a case asking whether a class may be certified if it includes members who lack Article III standing to sue. In Laboratory Corp. of America Holdings v. Davis, No. 24-304, the justices are poised to resolve a circuit split about the certification of classes with uninjured members, a question that could significantly affect class-action practice nationwide.
9th Circuit rejects privacy lawsuit over car tracking devices
Enter to open, tab to navigate, enter to select
$20 million settlement reached in Fortra data breach litigation
Enter to open, tab to navigate, enter to select
AARP urges SCOTUS to reject 'disruptive' class certification theory
Enter to open, tab to navigate, enter to select
Big Tech Docket: Elon sells X … to Elon
(April 01, 2025) - Elon Musk's artificial intelligence company xAI has purchased his social media platform X for $33 billion, and President Donald Trump has pardoned the founders of cryptocurrency exchange BitMEX and electric truck manufacturer Nikola Corp. Here's a roundup of recent events in the world of Big Tech. Musk announced March 28 that xAI has acquired X in an all-stock deal.
Change Healthcare denies responsibility for massive data breach
Enter to open, tab to navigate, enter to select
9th Circuit tosses time-served sentence for Capital One hacker
(March 21, 2025) - A Washington federal judge abused his discretion by sentencing a former Amazon employee to time served and five years of probation for perpetrating a large-scale data breach involving Capital One Financial Corp., a federal appeals panel has ruled. Writing for a divided panel, U.S. Circuit Judge Danielle J. Forrest of the 9th U.S. Circuit Court of Appeals said the sentencing judge placed too much weight on the adverse conditions that defendant Paige A.
Misleading financial regulators is not a crime, Supreme Court says
(March 21, 2025) - The U.S. Supreme Court has vacated the conviction of a Chicago lawyer for making misleading, but not outright false, statements to the Federal Deposit Insurance Corp. about how much he borrowed from a failed bank.
Supreme Court distinguishes false from misleading statements to financial regulators
(March 21, 2025) - The U.S. Supreme Court has resolved a circuit split over a federal statute that criminalizes false statements made to influence certain financial regulators and institutions, ruling that the term "false" does not extend to misleading but true statements.
4th Circuit deepens split over scope of FCRA investigations
(March 18, 2025) - Information furnishers can be held liable under the Fair Credit Reporting Act for failing to reasonably investigate disputes, regardless of whether they are factual or legal, a federal appeals court has ruled, further entrenching a circuit split on the issue.
Solicitor general asks SCOTUS to limit class certification
(March 17, 2025) - Acting Solicitor General Sarah M. Harris has filed an amicus brief urging the U.S. Supreme Court to rule that each member of a proposed class must have Article III standing for the class to be certified. Laboratory Corp. of America Holdings v. Davis et al., No. 24-304, amicus brief filed, (U.S. Mar. 12, 2025).
Labcorp urges SCOTUS to decertify class with uninjured members
Enter to open, tab to navigate, enter to select
Georgia high court rejects murder suspect's challenge to geofence warrants
Enter to open, tab to navigate, enter to select
Big Tech Docket: Crypto's stubborn slump
(March 04, 2025) - The Trump administration's reverse course on cryptocurrency enforcement hasn't been enough to pull prices out of a post-inauguration slump, and a federal judge has fined a group of attorneys for citing fake AI-generated cases in litigation against Walmart. Here's a roundup of recent events in the world of Big Tech. Cryptocurrency prices have lost nearly $1 trillion in global market value since December.
Judge OKs virtual therapy provider's $7 million data breach settlement
Enter to open, tab to navigate, enter to select
Big Tech Docket: Trump antitrust enforcement kicks off with tech focus
(February 04, 2025) - The U.S. Justice Department's first antitrust lawsuit of President Donald Trump's second term targets Hewlett Packard Enterprise's $14 billion Juniper Networks deal, and the U.S. Copyright Office says that "prompts alone" aren't enough to create copyrightable material with artificial intelligence. Here's a roundup of recent events in the world of Big Tech.
Evolve Bank left systems vulnerable to data breach, class action says
Enter to open, tab to navigate, enter to select
Big Tech Docket: TikTok's legal rollercoaster
(January 22, 2025) - Despite losing at the U.S. Supreme Court, TikTok Inc. has been handed a temporary reprieve from a law that imposed a nationwide ban on the social media platform, and cryptocurrency prices have reached record highs. Here's a roundup of recent events in the world of Big Tech. TikTok briefly went dark for U.S. users Jan.
Judge won't block Minnesota law prohibiting election deepfakes
Enter to open, tab to navigate, enter to select
9th Circuit affirms $134 million restitution order against consumer lender
Enter to open, tab to navigate, enter to select
Freddie Mac dismissed from class action over 'pay-to-pay' fees
Enter to open, tab to navigate, enter to select
Experian must face lawsuit for failing to notify data breach victims
Enter to open, tab to navigate, enter to select
NetChoice challenges state law targeting social media addiction in kids
Enter to open, tab to navigate, enter to select
Big Tech Docket: Election overshadows key litigation developments
(November 11, 2024) - Beyond the glare of the presidential election, recent litigation developments have the potential to reshape tech firms' liability for securities fraud, content moderation and AI copyright infringement. Here's a roundup of recent events in the world of Big Tech. The U.S. Supreme Court heard arguments in a securities class action accusing Facebook Inc. of failing to disclose the 2015 Cambridge Analytica data breach in its business-risk filings. Facebook Inc. v.
Education Department's $6 billion student loan settlement survives appeal
(November 07, 2024) - Three for-profit universities lack standing to challenge a class-action settlement between the U.S. Department of Education and over 500,000 borrowers who called for the discharge of about $6 billion in student loans, a divided federal appeals court has determined. Sweet et al. v. Cardona et al., Nos. 23-15049, 23-15050 and 23-15051, (9th Cir. Nov. 5, 2024). The 9th U.S. Circuit Court of Appeals ruled 2-1 on Nov. 5 that American National University, Everglades College Inc.
Industry groups renew First Amendment challenge to Florida social media law
Enter to open, tab to navigate, enter to select
Accellion must face negligence claim over large-scale data breach
Enter to open, tab to navigate, enter to select
5th Circuit urged to restore state social media protection law for minors
Enter to open, tab to navigate, enter to select
Big Tech Docket: Google's antitrust woes
(October 15, 2024) - The U.S. Justice Department says that breaking up Google is on the table as a remedy for its monopoly in online search, and social media platforms are awash with disinformation about Hurricane Milton and relief efforts in Florida. Here's a roundup of recent events in the world of Big Tech.
NetChoice sues to block Tennessee social media law for minors
Enter to open, tab to navigate, enter to select
Judge halts enforcement of California's election deepfakes law
(October 04, 2024) - California officials may not enforce a recently enacted law that prohibits election-related deepfakes after a federal judge ruled that the measure likely violates the First Amendment. U.S. District Judge John A. Mendez of the Eastern District of California ruled Oct. 2 that plaintiff Christopher Kohls is likely to succeed on the merits of his constitutional challenge to California's AB 2839.
TikTok must face enforcement actions over child safety, data privacy
Enter to open, tab to navigate, enter to select
1st Circuit affirms validity of 'clickwrap' arbitration agreements
Enter to open, tab to navigate, enter to select
Dark-web exposure matters for data breach liability, judge says
Enter to open, tab to navigate, enter to select
Big Tech Docket: An EU regulator's happy tears
(September 17, 2024) - TikTok presented arguments in the fight for its continued existence in the U.S., and the EU's competition chief shed tears of joy when her agency's multibillion-dollar fines against U.S. tech firms held up on appeal. Here's a roundup of recent events in the world of Big Tech. A federal appeals panel in Washington, D.C., heard oral arguments Sept.
9th Circuit revives constitutional challenge to Los Angeles parking fines
Enter to open, tab to navigate, enter to select
Pastor threatened with arrest during church service loses on appeal
(August 29, 2024) - A federal appeals panel has refused to reinstate an Ohio pastor's lawsuit against two off-duty police officers who threatened to arrest him after he briefly appeared behind the pulpit contrary to the wishes of the church's elders. Victor Couzens did not have an actionable Fourth Amendment claim because the officers reasonably believed he had been removed as pastor and was therefore a trespasser after assuming the pulpit, the 6th U.S. Circuit Court of Appeals ruled Aug. 27.
Divided 6th Circuit questions Experian's automated investigations
Enter to open, tab to navigate, enter to select
Big Tech Docket: Google breakup on the horizon?
(August 20, 2024) - The U.S. Department of Justice is considering whether to seek a breakup of Google after a federal judge ruled that the company has an unlawful monopoly in internet search, and Uber is trying to persuade Nevada voters to limit attorney fees. Here's a roundup of recent events in the world of Big Tech. DOJ officials are deliberating whether to ask U.S. District Judge Amit P.
5th Circuit rules that geofence warrants are unconstitutional, creates circuit split
(August 13, 2024) - The 5th U.S. Circuit Court of Appeals has created a circuit split by ruling that a geofence warrant compelling Google to disclose information about a cellphone at the scene of a robbery was unconstitutional. Writing for the appeals panel, U.S. Circuit Judge Carolyn D. King noted that Google must search its entire database of location history for 592 million users to produce information responsive to a geofence warrant.
7th Circuit splits over whether Equifax credit report was accurate
Enter to open, tab to navigate, enter to select
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Dave
Contact Dave, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack