U.S. Court of Appeals for the Ninth Circuit
Recent News About U.S. Court of Appeals for the Ninth Circuit
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Attorney: Recent Calif. SC stance on class actions similar to federal courts'
SAN FRANCISCO (Legal Newsline) – A Los Angeles-based commercial litigator says that last month's California Supreme Court ruling that helps class action lawyers get their classes certified is consistent with how federal courts handle the same issue. -
Group asks SCOTUS to overturn 'profoundly wrong' ADA ruling against Domino's
WASHINGTON (Legal Newsline) – An American free enterprise advocacy group has asked the U.S. Supreme Court to overturn a federal appeals court decision made earlier this year in the case of a blind man suing a nationwide pizza delivery chain over an alleged violation of the Americans with Disabilities Act. -
Defense: Oklahoma threatening expanded public nuisance theory in this week's high-profile opioid case
NORMAN, Okla. (Legal Newsline) – As the opioid crisis spotlight turns to Norman, Oklahoma, where the state's high profile case against drug companies is expected to get underway tomorrow, defendants in that case are questioning the state's public nuisance theory that has failed dramatically elsewhere. -
California attorney general, Labor Commission Office back meal, rest break rules for truckers
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
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
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
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
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
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. -
Ninth Circuit declines to debar lawyer from submitting claims to asbestos trusts
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
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
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
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
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
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
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
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
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
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.