U.S. Court of Appeals for the Ninth Circuit News

California attorney general, Labor Commission Office back meal, rest break rules for truckers

By Marian Johns | Feb 12, 2019

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.

Woman tells court that Diet Coke dupes drinkers into thinking it can help with weight loss

By Gabriel Neves | Nov 7, 2018

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.

Climate lawyers hope 'public nuisance' strategy reverses years of failure

By Daniel Fisher | Feb 13, 2018

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.

Phoney Lawsuits: TCPA plaintiff didn't really want texts to STOP, group claims

By Carrie Salls | Jan 31, 2018

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.

Ninth Circuit gives employers more flexibility to fight 'day-of-rest' claims

By Dee Thompson | Nov 1, 2017

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.

Attorney: Lakers' TCPA lawsuit coverage appeal loss likely won't affect future filings

By Carrie Salls | Oct 3, 2017

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

By Karen Kidd | Sep 26, 2017

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.

Ninth Circuit declines to debar lawyer from submitting claims to asbestos trusts

By Jessica Karmasek | Sep 25, 2017

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.”

Medical device maker seeks U.S. SC review in case over ‘mass action’ removal

By Jessica Karmasek | Sep 21, 2017

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.

Ninth Circuit rules for blind student in spat with school district

By Chandra Lye | Apr 12, 2017

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.

Ninth Circuit affirms dismissal, case removal of suit alleging defects in YMC/YMUS motors

By Charmaine Little | Apr 12, 2017

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.

Proposals aimed at splitting Ninth Circuit again introduced

By Jessica Karmasek | Mar 21, 2017

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.

Study: New York, California courts ‘magnets’ for workplace class actions

By Jessica Karmasek | Feb 13, 2017

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.

Ninth Circuit ruling allows landlords to seek more damages against bankrupt tenants

By Ethan Bailey | Jan 17, 2017

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.  

Attorney: Plaintiff's reimbursement approach was key to class denial in Chrysler suit

By Robert Lawson | Nov 23, 2016

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.

Ninth Circuit tells beauty school it took too long to raise arbitration defense

By Russell Boniface | Nov 22, 2016

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.

Ninth Circuit doesn't order pay for employees' time spent calling in

By Dee Thompson | Nov 18, 2016

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

By Jessica Karmasek | Oct 3, 2016

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.

Defense attorney: Better customer outreach by companies can help head off class actions

By Jessica Karmasek | Sep 19, 2016

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.

Appeals court poised to weigh in on class certification criteria debate

By Carrie Salls | Aug 15, 2016

?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.

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