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ARTICLE · 16 MARCH 2021

This Week At The Ninth: Old Debts And Flight Attendants

Morrison Foerster
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This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law.

United StatesLitigation, Mediation & Arbitration

This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law.  In the first case, the Court addressed how the Fair Debt Collection Practices Act applies to a creditor's attempt to collect a debt when state law was unclear that the effort was time barred.  In the second case, the Ninth Circuit examined whether and how California's Labor Code applies to flight attendants given the interstate nature of their employment and a web of overarching federal requirements.* 

KAISER v. CASCADE CAPITAL, LLC
The Court holds that the Fair Debt Collection Practices Act's prohibition on attempting to collect time-barred debts applies even if it was unclear at the time a debt collector sued or threatened suit whether a lawsuit was time barred under state law.

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