Class Certification In Lawsuit Against Costco Dismissed Based In Part On Wal-Mart v. Dukes

By Louis M. Solomon Shirley "Rae" Ellis, et al v. Costco Wholesale Corp., No. 07-15838 (9th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , presents one of the first Court of Appeals' efforts to apply...

U.S. High Court Denies Certiorari In Pull-Tab Lids Coverage Suit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 refused to hear a pull-tab lid supplier's appeal of the Ninth Circuit U.S. Court of Appeals' ruling that there is no umbrella insurance coverage for its alleged $4.9 million in losses stemming from defective pull-tab lids on...

Fulbright Briefing: 9th Circuit Weighs in on Corporate Liability and Exhaustion Under the Alien Tort Statute

A recent Ninth Circuit decision reiterated that corporations may be held liable under the Alien Tort Statute ("ATS") and clarified that the availability of relief under the ATS may rely on exhaustion of local remedies. On October 25, 2011, a divided eleven member en banc panel of the Ninth...

Duane Morris Alert: Supreme Court Orders 9th Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer

During its October 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the Court's Mensing decision last term. The remand potentially presents an opportunity for the Supreme...

U.S. Supreme Court Hears Arguments On Immunity For Private Attorney Retained By Government

WASHINGTON, D.C. - (Mealey's) When a private attorney is temporarily retained by the government to work with or under government employees, that attorney is entitled to the same qualified immunity that government employees receive, the attorney representing Steve A. Filarsky told the U.S. Supreme...

Abbey Spanier LLP: Will Supreme Court Address Class Action Fraud-On-The Market Presumption?

By Jill S. Abrams In December , we addressed the Ninth Circuit's recent decision in Connecticut Retirment Plans and Trust Funds v. Amgen, Inc., No. 0956965, 2011 U.S. App. LEXIS 22540 (9th Cir. Nov. 8, 2011) [ an enhanced version of this opinion is available to lexis.com subscribers ] regarding...

Fulbright Briefing: 9th Circuit Tightens Standards For Certifying Nationwide Consumer Class Actions Applying California Law

The Ninth Circuit's decision in Mazza v. American Honda Motor Co., Inc ., Case No. 09-55376 (Jan. 12, 2012), provides defendants significant protection against certification of nationwide classes alleging claims under California's consumer protection statutes for false advertising or misrepresentations...

9th Circuit: Insurers Have Standing To Object To Thorpe's Confirmed Reorganization Plan

SAN FRANCISCO - (Mealey's) Because Thorpe Insulation Co.'s Chapter 11 plan of reorganization could harm insurance companies, the plan is not "insurance neutral" and, therefore, the insurers have standing to object to it, the Ninth Circuit U.S. Court of Appeals held Jan. 24 in reversing...

9th Circuit Criminal Handbook Now Available

The latest addition to the LexisNexis Circuit Criminal Handbook series, the new Ninth Circuit Criminal Handbook is a comprehensive handbook that guides practitioners through every topic in the Ninth Circuit's criminal law jurisprudence. This portable single softbound volume covers hundreds of criminal...

U.S. Supreme Court Rules On Disability Benefits Calculation

WASHINGTON, D.C. - (Mealey's) An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 ( Dana Roberts v. Sea-Land Services, Inc., et al. , No. 10-1399, U.S...

U.S. Supreme Court Rules Section 16(b) Claim Tolling Not Proper Under Whittaker Rule

WASHINGTON, D.C. - (Mealey's) The Ninth Circuit U.S. Court of Appeals erred in ruling that the two-year statute of limitations claims brought pursuant to Section 16(b) of the Securities Exchange Act of 1934 are tolled until a Section 16(b) statement is filed, because the text of Section 16(b) "simply...

Drug Pump Claims Preempted Expressly, Implicitly, 9th Circuit Panel Majority Says

SAN FRANCISCO - (Mealey's) In a 2-1 ruling, a panel of the Ninth Circuit U.S. Court of Appeals said April 16 that claims that a Medtronic drug pump and spine catheter caused a plaintiff to become a paraplegic are preempted explicitly and implicitly by federal medical device law and by U.S. Supreme...

To Violate FDCPA, Collection Letter Must 'Expressly' Require Written Debt Dispute, Ninth Circuit Holds

A collection letter that implicitly requires a debtor to dispute a debt in writing does not violate the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Ninth Circuit has ruled. In its June 8, 2012, decision in Riggs v. Prober & Raphael , the Ninth Circuit held that the "validation...

High Court Agrees To Hear Appeal In Securities Suit Against Drug Maker

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 11 agreed to hear an appeal of a Ninth Circuit U.S. Court of Appeals ruling affirming a federal district court's grant of class certification in a securities class action lawsuit against a drug maker and others ( Amgen Inc., Kevin W...

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees

By Anahit Tagvoryan, Joshua Briones and Anthony Portelli In a recent decision, the Ninth Circuit refused to approve a $10.6 million settlement in a class action accusing Kellogg Co. of falsely advertising the benefits of its Frosted Mini-Wheats cereal [ Dennis v. Kellogg Co. , No. 11-55674, 9 th Cir...

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that parents may pursue some state law claims on their...

William A. Ruskin: Chuck Yeager's Sham Affidavit Not 'The Right Stuff'

By William A. Ruskin Practitioners should be cognizant of the "Sham Affidavit" rule and how it can be applied to self-serving attempts to manufacture issues of fact for the purpose of defeating summary judgment. In an excellent article titled, " Ignorance Is Not Bliss: 'Sham Affidavit'...

U.S. Supreme Court Finds Sewer System's Discharges Did Not Violate CWA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 8 held that a California storm sewer system operator's discharges into navigable waterways did not violate the Clean Water Act (CWA), holding that the flow of water from an improved portion of a navigable waterway to an unimproved portion...

9th Circuit: Federal Law Doesn't Preempt Parallel State Law Device Claim

SAN FRANCISCO- (Mealey's) The Ninth Circuit U.S. Court of Appeals, sitting en banc , ruled Jan. 10 that federal law does not preempt, expressly or by implication, a state law failure-to-warn claim alleging that Medtronic Inc. violated its federal duty to report problems with a drug pump ( Richard...

9th Circuit Finds Border Search Of Laptop Did Not Violate 4th Amendment

PASADENA, Calif. - (Mealey's) The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did not violate his rights under the Fourth Amendment to the U.S. Constitution...

Supreme Court Strikes Arizona Voting Law But Opens Door

DENVER - A western, public-interest legal foundation on June 17 responded to the 7-2 ruling of the Supreme Court of the United States upholding a ruling by the U.S. Court of Appeals for the Ninth Circuit, sitting en banc , that struck down an Arizona voter-approved ballot initiative requiring proof of...

AbbeySpanier LLP: 9th Circuit Revives HAMP Claims Against Wells Fargo

In Corvello v. Wells Fargo Bank, NA , 11-16234, 11-16242, 2013 WL 4017279 (9th Cir. Aug. 8, 2013) (a copy of the opinion can be found here ), the Ninth Circuit reversed the lower Court’s dismissal of two consolidated class action complaints, holding that if a borrower complies with a standardized...

Williams Mullen: Court Holds Plan Sponsor’s SEC Filings Incorporated By Reference Into Retirement Plan’s Summary Plan Description, Constituted Part Of Plan Fiduciary’s Communications To Participants

By Mark S. Thomas and Robert W. Shaw | The U.S. Court of Appeals for the Ninth Circuit has held that an ERISA-regulated employee stock-ownership retirement plan’s incorporation by reference of the plan sponsor’s statements to the Securities and Exchange Commission (“SEC”...

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims

Last week, the Third Circuit issued a precedential decision holding that the federal common law standard for successor liability is applicable to claims brought under the Fair Labor Standards Act [ enhanced opinion available to lexis.com subscribers ]. The plaintiff filed a class and collective action...

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising for one of Coca-Cola’s juice blends...