Litigation

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Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading
Posted on 1 Jul 2014 by LexisNexis Legal Newsroom Staff

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... Read More

DLA Piper: 9th Circuit Joins Majority Of Circuits To Lower Barrier For Whistleblowers In False Claims Act Lawsuits
Posted on 4 Aug 2015 by DLA Piper

By Todd C. Toral and Greg Young The U.S. Court of Appeals for the Ninth Circuit, in a case likely heralding an increase in the number of qui tam False Claims Act lawsuits, has abrogated prior precedent and lowered the jurisdictional bar for whistleblowers... Read More

9th Circuit Denies Copyright Protection To Actress Tricked Into Video Blaspheming The Prophet Mohammed
Posted on 20 May 2015 by LexisNexis Legal Newsroom Staff

In an opinion issued on May 18, 2015, the U.S. Court of Appeals for the Ninth Circuit has upheld a federal district court’s denial of an actress’s motion for a preliminary injunction that would have required Google to remove the film “Innocence... Read More

AbbeySpanier LLP: 9th Circuit Revives HAMP Claims Against Wells Fargo
Posted on 27 Nov 2013 by Abbey Spanier

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... Read More

9th Circuit Strikes Down Arizona’s Proposition 100, A Constitutional Amendment Denying Bail To Undocumented Immigrants
Posted on 21 Oct 2014 by LexisNexis Legal Newsroom Staff

Arizona’s Proposition 100, which mandates that bail be denied for serious felony offenses as prescribed by the state legislature, if the person charged has entered or remained in the United States without documentation, was struck down on October... Read More

9th Circuit Remands Infected Eye Fluid Case After Mexican Court Rejects Jurisdiction
Posted on 8 Apr 2011 by Tom Moylan

SAN FRANCISCO -- (Mealey's) A California federal court must reconsider if a Mexican court is a suitable alternative forum for eight Mexican nationals who went blind or lost their eyes due to contaminated eye fluid made by an American company, a split... Read More

9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict
Posted on 26 Jan 2015 by Tom Moylan

SAN FRANCISCO — (Mealey’s) A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs’ negligence per se claims were... Read More

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
Posted on 2 Dec 2013 by Williams Mullen

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... Read More

Split U.S. Supreme Court: Federal Arbitration Act Preempts California Rule
Posted on 27 Apr 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Federal Arbitration Act (FAA) preempts a California rule established in Discover Bank v. Superior Court (113 P.3d 1100 [Cal. 2005]) that classifies most collective-arbitration waivers in consumer contracts as unconscionable... Read More