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

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.

'Honey Badger' creator wins appeal on trademark case; rehearing granted

By Gabriel Neves | Nov 23, 2018

A YouTuber famous for the use of the expression "honey badger" in his videos won an appeal in a trademark case, overturning a previous summary judgment against his lawsuit suing greeting cards companies.

Appeals panel revives class action alleging nutrition supplement company misled consumers

By Charmaine Little | Nov 13, 2018

SAN FRANCISCO – The 9th U.S. Circuit Court of Appeals recently determined a class action claiming a nutritional supplement company misled consumers shouldn’t be dismissed, reversing the decision of the U.S. District Court for the Northern District of California.

Children's rights violated by invasive medical exams in child abuse investigation, 9th Circuit rules

By Karen Kidd | Nov 13, 2018

SAN FRANCISCO – San Diego County acted unconstitutionally in its removal in 2010 of a couple's children under child abuse suspicion and then subjected the children to invasive medical examinations without their parents' consent, a federal appeals court ruled recently.

Federal appeals court stands by earlier opinion in copyright case against CBS

By Karen Kidd | Nov 12, 2018

SAN FRANCISCO – A federal appeals court will not be budging from its decision last summer that digitally remastered pre-1972 sound recordings are covered by federal law as newly copyrighted songs.

SEC gets summary judgment against man accused of securities fraud in appeals court

By Charmaine Little | Nov 9, 2018

On October 11, the Securities and Exchange Commission was able to convince the United States Court of Appeals for the Ninth Circuit to affirm its summary judgment already granted by a lower court.

Bankruptcy of maritime fuel broker thwarts supplier's attempt to collect $1.7M payment

By Carrie Salls | Nov 1, 2018

A fuel supplier will not be allowed to seize and sell a shipping vessel over $1.7 million in unpaid marine fuel after the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s ruling denying maritime lien.

Federal appeals court uphold's Hidden Hills attorney's conviction on SEC charges in Heart Tronics case

By Karen Kidd | Oct 30, 2018

SAN FRANCISCO – The conviction and sentencing of a Hidden Hills attorney who allegedly "masterminded" a multimillion-dollar market manipulation and fraud scheme that involved former pro-football player Willie James Gault was recently upheld by the 9th U.S. Circuit Court of Appeals.

9th District tosses $8.7 million in attorneys' fees in Provide Commerce settlement

By Takesha Thomas | Oct 19, 2018

SAN FRANCISCO – A federal appeals court has upheld a settlement awarding some $3.5 million to consumers who alleged they were placed in a membership rewards program without their consent and vacated a ruling on attorneys' fees.

Appeals court says class action against Kroger over trans fat labeling can proceed

By Takesha Thomas | Oct 11, 2018

SAN FRANCISCO – The U.S. Circuit Court of Appeals for the Ninth District recently ruled that a class-action lawsuit filed against Kroger over claims of misleading labels on bread crumbs can move forward.

Appeals court vacates jury decision in copyright suit against Led Zeppelin over 'Stairway To Heaven'

By Takesha Thomas | Oct 10, 2018

SAN FRANCISCO – Attorneys for Led Zeppelin are heading back to the U.S. District Court for the Central District of California to defend the band in copyright lawsuit over the song "Stairway to Heaven" after an appeals court ruled that the district court erred in jury instructions in the case.

American Airlines can compel arbitration with employee allegedly fired for whistleblowing, 9th Circuit rules

By Sandra Lane | Oct 10, 2018

SAN FRANCISCO – A panel of judges on the U.S. Court of Appeals for the 9th Circuit on Sept. 26 reversed part of a lower court's regarding arbitration between American Airlines, an employee and a union.

9th Circuit orders Uber drivers' cases to arbitration

By Takesha Thomas | Sep 28, 2018

SAN FRANCISCO – It's back to the negotiating table for Uber and its drivers who say they should be treated as full-time employees.

Prevailing wage laws should include ready-mix concrete drivers, federal appeals court rules

By Gabriel Neves | Sep 26, 2018

Ready-mix concrete drivers will receive the prevailing wage of other public works employees, a federal appeals court ruled on Sept. 20.

9th Circuit upholds decertification of LAPD officers' collective actions over overtime pay allegations

By Mary Ann Magnell | Sep 18, 2018

SAN FRANCISCO – A federal appeals court affirmed a district court’s decertification of two related collective Fair Labor Standards Act actions that were brought against the city of Los Angeles by Los Angeles Police Department officers alleging that the department “discouraged the reporting of overtime.”

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