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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Ninth Circuit asks Cal Supreme Court to decide if French Laundry can win Covid insurance coverage
Exclusive Napa restaurant - cite of infamous Covid-era dinner party that helped spark recall of Gov. Gavin Newsom - is asking courts to order Hartford Insurance to reimburse it for losses suffered under Newsom's Covid shutdown orders -
Ninth Circuit: Alaska Airlines can't ground class action saying airline is illegally not paying pilots on military service
The class action lawsuit asserts federal law requires Alaska Airlines to pay reservist pilots for their time on short-term military service, just as it pays pilots om sick leave, jury duty or bereavement -
Federal appellate court rebukes plaintiff attorneys filing serial ADA suits
The Ninth Circuit U.S. Court of Appeals has recently addressed the number of repeated ADA (Americans with Disabilities Act) lawsuit filings, with a novel repudiation in its unanimous ruling in Shayler v. 1310 PCH LLC. -
Ninth Circuit won't step into lawyer fight over millions from Roundup lawsuits - yet
SAN FRANCISCO (Legal Newsline) - There’s no need to resolve a brewing fight over more than $800 million in fees from Roundup lawsuits, a federal appeals court ruled, rejecting an attempt by plaintiff lawyers in charge of federal multidistrict litigation to collect fees from cases in state court. -
Ninth Circuit rules 2-1 in AB 5 case focusing on free speech
A recent federal appeals court decision involving AB 5 is raising questions about why political canvassers are not exempt from the California classification statute unlike other door-to-door occupations. -
Lawyers in class action chaos told to disclose 'financial interest' to those who opted out
SAN FRANCISCO (Legal Newsline) - Lawyers who simultaneously told some of their clients to accept a $6 million settlement of wage-and-hour claims against Walgreens while telling others to reject it can’t appeal a judge’s order invalidating the decision of some class members to opt out of the settlement, the Ninth Circuit Court of Appeals ruled. -
Federal appeals court set to hold rehearing on California arbitration law, AB 51
In a surprising move, the Ninth Circuit has withdrawn its previous ruling in a closely watched case involving AB 51, the California law banning arbitration, and pending a panel rehearing, is expected to issue a new ruling in the next few months. -
Energy companies continue challenge to appellate rulings in climate change litigation
While the Ninth Circuit declined last month to hear en banc a petition for review in San Mateo v. Chevron, it remains to be seen if that lawsuit – or one of the similar cases pending in other circuits – is selected for review by the U.S. Supreme Court, or if these cases seeking to hold energy companies liable for climate change get adjudicated in state court. -
Ninth and other federal circuits asked to further consider climate change liability cases
The Ninth Circuit U.S. Court of Appeals is considering whether to hear en banc a petition involving local governments suing energy companies over climate change. -
Lawyers suing Facebook over ads appeal loss to Ninth Circuit
SAN FRANCISCO (Legal Newsline) – Class action lawyers targeting Facebook’s parent company aren’t giving up their fight to hold it liable for their client feeling ripped off by a deceptive ad for a toddler activity board. -
Ninth Circuit sends big-money global warming cases back to state court
SAN FRANCISCO (Legal Newsline) - Three California counties will be able to continue their lawsuits against the oil industry in their home courts, after the Ninth Circuit Court of Appeals rejected arguments their claims based on global warming raised issues of federal and international law that required them to remain in federal court. -
Ninth Circuit decision clarifies how First Amendment applies to California’s Proposition 65
A precedent-setting decision in California Chamber of Commerce v. CERT, issued by the Ninth Circuit earlier this month, clarifies how the First Amendment applies to Proposition 65 warnings. -
Lawyers hoping to cash in on coffee-causes-cancer cases dealt big loss
SAN FRANCISCO (Legal Newsline) - The Ninth Circuit Court of Appeals upheld a federal court injunction against lawsuits accusing companies of failing to warn consumers about the cancer risk of acrylamide, agreeing with the trial court that the science was questionable enough that warning labels could mislead consumers. -
PAGA can’t bypass federal arbitration law, amicus argues ahead of Viking v. Moriana
A new amicus brief filed with U.S. Supreme Court in Viking v. Moriana argues that California’s Private Attorneys General Act (PAGA) is not exempt from the rules of the Federal Arbitration Act. -
Twitter's case against Texas AG over Trump ban blocked by Ninth Circuit
SAN FRANCISCO (Legal Newsline) – A federal appeals court has affirmed the dismissal of Twitter’s lawsuit against Texas Attorney General Ken Paxton that sought to prevent any legal action against the social media company for its ban of former President Donald Trump. -
U.S. appeals court affirms direct physical damage to property required for business interruption claim
A federal appellate court has ruled against a San Francisco retailer’s claim for loss of income during California’s mandated COVID-19 closures because there wasn’t direct physical damage to the property. -
Federal appellate court asked to review earlier 2-1 ruling in AB 51 case
The Ninth Circuit U.S. Court of Appeals is due to decide whether to grant en banc review to a case involving Federal Arbitration Act (FAA) preemption of California’s AB 51 law on arbitration agreements. -
Attorney General Bonta Announces New Executive Team
Attorney General Bonta Announces New Executive Team. -
Split Ninth Circuit panel partially upholds California statute banning arbitration
A federal appellate court in a 2-1 decision has held that particular segments of a California law (AB 51) that prohibits mandatory arbitration cannot be preempted by the Federal Arbitration Act (FAA). -
Education, homelessness policy emerge as key factors in California recall election
With the gubernatorial recall election around the corner, it’s raising questions about how many voters in the deep blue state could be disenchanted by one-party rule, leading to a vote against retaining Gov. Gavin Newsom.