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Orrick, Herrington & Sutcliffe LLP | USA | 2 Jun 2023

FTC says COPPA does not preempt state privacy claims

The FTC recently filed an amicus brief in a case on appeal before the U.S. Court of Appeals for the Ninth Circuit, arguing that the Children’s Online…
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Hunton Andrews Kurth LLP | USA | 30 May 2023

FTC Asserts COPPA Does Not Preempt State Laws

On May 22, 2023, the Federal Trade Commission filed an amicus brief in support of a ruling by the United States Court of Appeals for the Ninth…
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Riker Danzig LLP | USA | 24 May 2023

Federal Appeals Court Denies Easement Rights-Based Challenge to Eminent Domain Title

On May 10, 2023, the Ninth Circuit Court of Appeals (“the Court”) issued a wide-ranging opinion - currently pending publication - in the matter of…
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Holland & Knight LLP | USA | 23 May 2023

A Fraudulent Transfer Suit May Commence More Than 4 Years After the Transfer Under CUVTA

In a recent opinion in In re: Momentum Development, LLC, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that under Cortez v…
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Plunkett Cooney PC | USA | 15 May 2023

Physical loss or damage coverage update

The Oregon Supreme Court declined to accept a certified question from the U.S. Court of Appeals for the Ninth Circuit regarding whether commercial…
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Hunton Andrews Kurth LLP | USA | 10 May 2023

What is “Just Fruit”?: Ninth Circuit Affirms Dismissal of False Advertising Suit Against Kroger

The Ninth Circuit Court of Appeals recently affirmed the dismissal of a putative class action lawsuit brought by a consumer who claimed that The…
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Sheppard Mullin Richter & Hampton LLP | USA | 8 May 2023

Ninth Circuit Confirms that the Two-Year Statute of Limitations in a Bad Faith UM/UIM Claim Begins when the Insured Should Have Known About the Insurer’s Alleged Bad Faith Acts

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of…
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Constantine Cannon LLP | USA | 3 May 2023

The Antitrust Week In Review

A U.S. appeals court refused to revive a lawsuit filed by states against Meta’s Facebook that alleged the company had broken antitrust law. Dozens of…
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Mayer Brown | USA | 1 May 2023

The importance of scrutinizing standing to seek injunctive relief in defending or settling false-advertising suits

State consumer-protection statutes frequently authorize claims for class-wide injunctive relief; notably, California courts have fashioned a similar…
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Mayer Brown | USA | 1 May 2023

In Conflict with Earlier Decisions from 5th, 6th, and 11th Circuits, 9th Circuit Upholds President’s Authority to Order Federal Contractor-Vaccine Mandate

Last week, the US Court of Appeals for the Ninth Circuit overturned an Arizona federal district court’s permanent injunction against President…
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