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

Appeals court affirms ruling that 244 attorneys in VW 'clean diesel' case are not entitled to recoup fees

By Takesha Thomas | Jan 30, 2019

SAN FRANCISCO – The U.S. Court of Appeals for the 9th Circuit recently affirmed a district court ruling that determined a group of 244 attorneys seeking to recoup attorneys' fees from a class action suit regarding emission test "defeat devices" in certain Volkswagen an Audi diesel vehicles.

NFIB seeks to avoid retroactive application of contractor-employee ruling

By Glenn Minnis | Jan 20, 2019

The National Federation of Independent Business’ Small Business Legal Center has filed an amicus brief urging a federal judge to affirm a district court’s limited liabilities ruling in a suit brought to establish the standard for determining if a Grubhub food delivery driver classifies as an independent contractor or an employee of the company.

Appeals court upholds summary judgement in favor of supplement makers advertising cardiovascular health benefits

By Gabriel Neves | Jan 20, 2019

A vitamin maker accused of mislabeling its products and falsely advertising health claims has obtained a victory in court.

Appeals Court affirms dismissal of Applied Underwriters' trademark infringement case over webcast seminar

By Gabriel Neves | Jan 20, 2019

A financial services company claiming that its trademarks have been used as a title for a webcast seminar and in promotion materials has suffered a loss in court.

Question over engineer's wages for mining company headed to the California Supreme Court

By Gabriel Neves | Jan 18, 2019

A group of engineers who sued a mining company for discrepancies in wages had a question for the California Supreme Court certified by a federal court.

Suit over Yahoo's unsolicited text messages headed to California Supreme Court

By Gabriel Neves | Jan 18, 2019

Tech giant Yahoo's case against an insurer refusing to cover as personal injury the alleged privacy violations brought about by Yahoo's unsolicited text messages is headed to the California Supreme Court.

Federal judge keeps alive photographer's copyright infringement lawsuit against Scholastic

By Karen Kidd | Jan 9, 2019

A freelance photo journalist's copyright infringement lawsuit against children's publisher Scholastic Inc. is still alive following a federal judge's order issued earlier this month.

Court affirms in part, reverses in part Freedom of Information Act case against US Fish and Wildlife Service

By Gabriel Neves | Jan 1, 2019

An environmental organization seeking public records regarding proposed rules for cooling water intake structures has suffered a loss in court.

Appeals court rejects false-advertising summary judgment in favor of nutritional supplement sellers

By Gabriel Neves | Jan 1, 2019

A California customer who sued the seller of a nutritional supplement claiming it falsely advertised the product has obtained a victory in court.

Appeals court affirms denial of class certification in civil rights case against Sonoma County, City of Santa Rosa

By Gabriel Neves | Dec 31, 2018

Two out-of-state drivers who had their vehicles impounded for over 30 days in alleged violation of the Fourth Amendment have suffered a loss in court.

Appeals court affirms dismissal of anticompetition conspiracy suit against Walt Disney Co.

By Gabriel Neves | Dec 31, 2018

Shareholders of the Walt Disney Company concerned about agreements being made by the board of directors have suffered a loss in court.

Court denies rehearing to school district on religious exercise case

By Gabriel Neves | Dec 30, 2018

A school district with religious practices in its policies—which were upheld by a district court—has obtained a victory in appeals.

Appeals court upholds lower court decision in Jiffy Lube arbitration case

By Chandra Lye | Dec 30, 2018

An appeals court has upheld a lower court’s decision to refuse a petition to vacate the arbitral award of a couple who sued Jiffy Lube.

New employer ordered to pay old employer's debts into pension plan

By Claudia Balthazar | Dec 16, 2018

A court ordered for Amstar hotel to make back-payments for an employee pension plan that it had no idea was underfunded when it acquired the Ohana Hotel Company’s assets.

9th Circuit rules Golden Gate Bridge users' privacy suit belongs in state court

By Charmaine Little | Dec 14, 2018

SAN FRANCISCO – A case over privacy concerns with the toll system at the Golden Gate Bridge belongs in state court, a federal appellate court has ruled.

Federal appeals court reverses dismissal of class action over Intel putting employee retirement savings in allegedly risky investments

By Karen Kidd | Nov 30, 2018

A plaintiff must have actual knowledge, rather than constructive knowledge, to trigger a three-year limitation in an Employee Retirement Income Security Act (ERISA) claim, a federal appeals court ruled earlier this week.

Appeals court returns class action to lower court after only $225,000 paid out to class members, but $12M awarded to attorneys and third-party universities

By John Breslin | Nov 30, 2018

Attorneys involved in a class-action lawsuit must return to a lower court to renegotiate close to $9 millon in fees awarded, the Federal Ninth Circuit Court has ruled, following an objection that affected class members only received $225,000 out of a $12-million settlement.

9th District court reinstates class action against USA Water Polo over athlete's concussion-related injury

By Karen Kidd | Nov 30, 2018

SAN FRANCISCO – A U.S. appeals court this week resuscitated a case against USA Water Polo for allegedly failing to protect a teenage athlete who was allowed to return to play despite suffering a concussion during a tournament in 2014.

Charter Communications loses appeal over allegedly racially motivated denial of contract

By Gabriel Neves | Nov 23, 2018

Cable giant Charter Communications failed to have dismissed a lawsuit claiming the company declined to carry a channel due to African American proprietorship.

Appeals Court sides with City of Los Angeles in lawsuit against changing district boundaries

By Gabriel Neves | Nov 23, 2018

A summary judgment striking down a lawsuit protesting the redefining of Los Angeles council districts before the 2012 elections was upheld at a federal court.

The Record Network