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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Legality of credit card surcharges affirmed on appeal
The 9th U.S. Circuit Court of Appeals has affirmed summary judgment for commerce credit card surcharges. -
Appeal filed in tracking antitrust suit against Facebook
Attorney David Krueger says the case against Facebook has the potential to be precedent-setting as it hits on a lot of hot-button issues facing courts today. -
Appeals court rules cosmetology students aren't employees
The 9th Circuit Court of Appeals has affirmed a district court's ruling that three cosmetology students are not considered employees under the Fair Labor Standards Act. -
9th Circuit denies Cinemark’s motion to dismiss improper wage lawsuit
Former workers of Cinemark will have an opportunity once again to seek class certification of their lawsuit after the 9th Circuit Court of Appeals denied the company's motion to dismiss the certification for lack of jurisdiction and said the district court erred in denying class status. -
Appeals court affirms dismissal of class action against Charles Schwab
The U.S. Court of Appeals for the 9th Circuit has upheld the dismissal of a class-action lawsuit against Charles Schwab Corp. because Securities Litigation Uniform Standards Act (SLUSA) prevented a lower court from having subject matter jurisdiction. -
9th Circuit remands case against company running bad-check diversion program
The case against a private company that runs a program for fraudulent check writers will continue after the 9th Circuit Court of Appeals dismissed its motions to strike claims under the anti-strategic lawsuit against public participation (SLAPP) statute and to compel arbitration. -
Appeals court affirms district court decision compelling arbitration in AT&T case
SAN FRANCISCO – The U.S. District Court of Appeals for the Ninth Circuit on Nov. 11 affirmed a decision of the U.S. District Court for the Northern District of California compelling the plaintiffs to seek arbitration in a class action alleging that broadband carrier AT&T falsely advertised mobile services as “unlimited,” when, in fact, they weren't. -
Law firm fights consumer board investigation, challenges constitutionality in Ninth Circuit
SAN FRANCISCO – A California law firm is asking the U.S. Ninth Circuit Court of Appeals to allow the company to eschew responding to a subpoena from the Consumer Financial Protection Bureau. -
California ranks 2nd in latest 'Hellholes' report
California ranked second in the latest listing of "Judicial Hellholes," an annual report from the American Tort Reform Association (ATRA) that tracks real-time disadvantages to defendants by civil court judges across the U.S. -
Yelp scores victory in Ninth Circuit ruling
SAN FRANCISCO – Yelp has notched a legal victory after the Ninth Circuit Court of Appeals upheld a lower court’s ruling to dismiss a suit against Yelp Inc. over the authenticity its reviews. -
Ninth Circuit rules against Kimberly-Clark in toilet paper suit
The Ninth Circuit Court of Appeals has reversed and remanded a district court’s ruling on a lawsuit involving personal care giant Kimberly-Clark. -
New standard set regarding NLRB arbitration deferral
SAN FRANCISCO -- The National Labor Review Board (NLRB) asked for an arbitration deferral and the U.S. Ninth Circuit Court of Appeals has granted the petition, setting a new standard. -
Pacific Gas & Electric loses part of contaminated water case
SAN FRANCISCO -- The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court ruling in part but also affirmed part of the ruling in a case against Pacific Gas & Electric Company over contaminated water discharge. -
Article III standing possible for consumers in future false advertising class actions
SAN FRANCISCO -- Consumers could have Article III standing under California false advertising laws, according to the U.S. Court of Appeals Ninth Circuit. -
Ninth Circuit rules 'inability to rely on representation' satisfies FCA Article III
SAN FRANCISCO -- The U.S. Court of Appeals for the Ninth Circuit has settled a district and circuit court split decision, ruling consumers can seek an injunction under California false advertising laws. -
Ninth Circuit sends PG&E stormwater discharge issue back to lower court
SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit has reversed part of a U.S. District Court for the Northern District of California summary judgment in a lawsuit aimed at limiting Pacific Gas and Electric Co.’s (PG&E) “indirect and direct stormwater discharges of wood treatment chemicals from various of its facilities in San Francisco and Humboldt Bays,” according to a Nov. 2 Ninth Circuit opinion. -
San Francisco lawyer recommended for partially stayed suspension over immigration case misconduct
San Francisco attorney Frank Patrick Sprouls faces a six-month suspension following a California State Bar filing after being found culpable in three counts of misconduct in a single client matter. -
Appeals court grants injunction against San Francisco's sugary drinks ad requirements
SAN FRANCISCO – A California appellate court has found that advertising requirements set out by the city of San Francisco concerning sugar-sweetened beverages is unconstitutional, and has granted a preliminary injunction to the ordinance’s opponents. -
Lawyer: Split decision in TCPA case involving Lakers leaves room for more litigation
SAN FRANCISCO — Violations of the Telephone Consumer Protection Act (TCPA) should automatically be considered invasions of privacy, leaving corporate defendants and not insurers to shoulder hefty defense costs, the U.S. Court of Appeals for the 9th Circuit has ruled. -
Appeals court rules Lakers' insurance company need not cover TCPA settlement
SAN FRANCISCO (Northern California Record) – An Indiana-based insurance company won't have to cover a Los Angeles Lakers' settlement of a Telephone Consumer Protection Act class action following a U.S. Ninth Circuit Court of Appeals decision that the lawsuit was excepted in the team's policy.