SAN FRANCISCO — California's attorney general and the Labor Commission Office have filed a petition as part of their on-going legal challenge with the Federal Motor Carrier Safety Administration (FMCSA) regarding the state's meal and rest break rules for truck drivers.
U.S. Court of Appeals for the Ninth Circuit News
SAN FRANCISCO (Legal Newsline) – The plaintiff in a lawsuit against The Coca-Cola Co. who alleges the company misleadingly markets Diet Coke as a weight-loss beverage is appealing a court's decision to toss the suit.
SAN FRANCISCO (Legal Newsline) - First they tried suing the utility companies. Then they tried suing the automakers. They even tried suing oil companies on behalf of an Alaskan village in danger of being inundated by oil-fueled rising sea levels.
SAN FRANCISCO (Legal Newsline) – A woman who couldn't follow directions to "STOP" receiving text messages shouldn't be allowed to sue over them, a group representing the interests of credit and collections professionals says.
SAN FRANCISCO (Legal Newsline) -- A federal appeals court based in San Francisco recently bucked California's pro-plaintiff trend by dismissing a class action lawsuit against Nordstrom, a Sacramento attorney says.
In an Aug. 23 split decision, the U.S. Court of Appeals for the Ninth Circuit upheld a district court order dismissing a case filed by Los Angeles Lakers Inc. against Federal Insurance Co. when the team attempted to obtain insurance coverage in defense of a Telephone Consumer Protection Act lawsuit.
Spokeo case may return to U.S. Supreme Court after Ninth Circuit ruling about concrete harm, attorney says
CHICAGO (Legal Newsline) – A closely watched Fair Credit Reporting Act (FCRA) case in which an appeals court recently and again upheld a plaintiff's standing to pursue his claims in federal court might be on its way back to the U.S. Supreme Court, a labor and employment attorney said during a recent interview.
California attorney Michael Mandelbrot appealed from the U.S. District Court for the Central District of California’s affirmance of an order that enforces a stipulated agreement between him and the J.T. Thorpe Settlement Trust, among others. The trusts, following an investigation, had concluded that Mandelbrot engaged in a pattern of submitting “unreliable evidence.”
Cordis Corp. filed its petition for writ of certiorari, or review, with the nation’s highest court last month. The company, which makes IVC filters, wants the court to reaffirm defendants’ statutory right to remove cases of “national significance” to federal court.
SAN FRANCISCO (Legal Newsline) – A decision by the U.S. Court of Appeals for the Ninth Circuit in March has reversed that of a lower court and has clarified the expectation of school districts with regards to individual education program agreements.
SAN FRANCISCO (Legal Newsline) – Personal jurisdiction and consumer fraud law played a major part in a recent U.S. Court of Appeals for the Ninth Circuit ruling in favor of a motor company.
Various legislation has been introduced this Congress aimed at restructuring the U.S. Court of Appeals for the Ninth Circuit, the largest of the nation’s 13 courts of appeals. The circuit’s judges contend a split would be harmful, while Democrats argue partisan politics is at the center of the push.
According to a Seyfarth Shaw LLP’s statistical study of class certification rulings in 2016, more conditional certification motions were granted within the U.S. Court of Appeals for the Second Circuit and Ninth Circuit than any other courts in the country.
SAN FRANCISCO (Legal Newsline) – A recent ruling from the U.S. Court of Appeals for the Ninth Circuit will help California landlords seek and claim more damages against tenants who file for bankruptcy.
SAN FRANCISCO (Legal Newsline) — In a lawsuit against Chrysler, plaintiff Steve Doyle will not be able to certify the suit as class action, and an attorney from Benesch, Friedlander, Coplan & Aronoff LLP provided an explanation for the rejection by the Ninth Court of Appeals.
SAN FRANCISCO (Legal Newsline) — In the case Martin v. Yasuda, the U.S. Court of Appeals for the Ninth Circuit recently ruled that the Amarillo College of Hairdressing beauty school must litigate its students' wage and hour claims because it waited too long to seek arbitration.
SAN FRANCISCO (Legal Newsline) - A recently decided case that involved California employers revisited a question of whether employers are responsible for paying employees who are asked to “call in” to see if they need to come to work.
Plaintiffs attorney: U.S. SC decision won’t stop companies from finding ways to head off class actions
Attorney David Stein, who often represents consumers in complex consumer protection and financial fraud cases against Fortune 100 companies, said in a lot of cases, voluntary reimbursement or relief is not enough for plaintiffs.
Michael Mallow, an attorney with Sidley Austin LLP, contends companies first need to recognize there is a problem with their goods or services and then try to take care of it on their own, that way there is no need for or ability to bring a class action lawsuit.
?SAN FRANCISCO (Legal Newsline) – Rulings to be made by the U.S. Court of Appeals for the Ninth Circuit on cases related to class certification could have a significant impact on a split between federal court stances on how strict the criteria for certification should be, especially for suppliers of dietary supplements faced with lawsuits in California courts.