Litigation

Recent Posts

9th Circuit Criminal Handbook Now Available
Posted on 16 Mar 2012 by LexisNexis Litigation Resource Community Staff

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... Read More

Arizona Preparing Appeal Of Immigration Ruling
Posted on 29 Jul 2010 by LexisNexis Litigation Resource Community Staff

PHOENIX - (AP) Opponents of Arizona's immigration crackdown went ahead with protests Thursday despite a judge's ruling that delayed enforcement of most the law, and dozens of people in Phoenix were arrested after peacefully confronting officers... 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

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees
Posted on 19 Sep 2012 by DLA Piper

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... 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

Kevin LaCroix: Concurrent State Court Jurisdiction For Securities Act Of 1933 Lawsuits?
Posted on 23 May 2011 by Kevin M. LaCroix

On May 18, 2011, the California Intermediate Court of Appeals held in the Luther v. Countrywide Financial Corporation case that state courts have concurrent jurisdiction with federal courts to hear liability lawsuits under the Securities Act of 1933,... Read More

Split High Court: Bankruptcy Courts Lack Constitutional Authority On Compulsory Counterclaims
Posted on 23 Jun 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on June 23 affirmed a Ninth Circuit U.S. Court of Appeals ruling that a bankruptcy court lacks the constitutional authority to enter final judgment on compulsory counterclaims to proofs of... Read More

Abbey Spanier LLP: Will Supreme Court Address Class Action Fraud-On-The Market Presumption?
Posted on 19 Jan 2012 by Abbey Spanier

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... 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

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds
Posted on 25 Aug 2014 by Ballard Spahr LLP

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product... Read More

Supreme Court Hears Copyright Dispute Over First-Sale Doctrine
Posted on 9 Nov 2010 by Melissa Ritti

WASHINGTON, D.C. -- The reach of the Copyright Act's first-sale doctrine, codified at 17 U.S. Code Section 109(a), was debated Nov. 8 by an eight-member panel of the U.S. Supreme Court in a dispute over watches lawfully manufactured abroad and sold... Read More

Free Download: Keller & Heckman Litigation Alert: 9th Circuit Rules State Law Failure-To-Warn Claims Against Manufacturers Of Generic Drugs Not Preempted By Federal Law
Posted on 2 Feb 2011 by Keller and Heckman LLP

On January 24, 2010, the Ninth Circuit Court of Appeals joined the Fifth and Eighth Circuits, in extending the Supreme Court's decision in Wyeth v. Levine to state law failure-to-warn claims against makers of generic drugs. The Ninth Circuit held... 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