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Morgan Lewis | USA | 1 Jun 2020

Lessons from the Ninth Circuit’s Recent Fukushima Ruling

A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v…

Troutman Sanders LLP | USA | 29 May 2020

Ninth Circuit Holds that Federal Courts May Not Consider Climate Change Lawsuits

On May 26, 2020, the Ninth Circuit issued two related decisions in City of Oakland and County of San Mateo brought by California cities and counties…

Kilpatrick Townsend & Stockton LLP | USA | 27 May 2020

Design defect class actions: split Ninth Circuit panel affirms exclusion of common defect expert testimony

Takeaway: Federal appellate courts review a district court’s rulings on motions for class certification and to exclude expert testimony for an abuse…

Jackson Lewis PC | USA | 22 May 2020

The State of California Submits Opening Brief in Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed…

Hausfeld LLP | USA | 20 May 2020

Ninth Circuit Rules on Article III Standing of Absent Class Members Who Received Unpublished Inaccurate Credit Reports

In Ramirez v. TransUnion, LLC, a Ninth Circuit panel ruled 2-1 that absent class members in a Fair Credit Reporting Act ("FCRA") class action must…

Bryan Cave Leighton Paisner LLP | USA | 20 May 2020

A Trust Relationship Saves Aunt’s TILA, RESPA and FDCPA Claims from Dismissal

The Ninth Circuit held, in a matter of first impression, that a trust created by an individual for tax and estate tax planning purposes does not lose…

Pearl Cohen Zedek Latzer Baratz | USA | 17 May 2020

Ninth Circuit Rules Attorneys Fees Available in Declaratory Judgment Action

In a unanimous decision, a panel for the U.S. Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief…

Winston & Strawn LLP | USA | 14 May 2020

Corps Appeals to Ninth Circuit Despite Amended Nationwide Permit 12 Ruling

On May 11, 2020, the Montana federal district court issued an amended order in the Northern Plains Resource Council et al. V. U.S. Army Corps of…

Hunton Andrews Kurth LLP | USA | 13 May 2020

TransUnion to Seek Supreme Court Review After Ninth Circuit Finds Class Members Had Standing and Partially Upholds Punitive Damages Award

A hotly contested ruling in a Fair Credit Reporting Act (“FCRA”) class action case will soon be appealed to the Supreme Court of the United States…

Goldberg Segalla LLP | USA | 7 May 2020

Close Only Counts with Horseshoes, Hand Grenades, and Dicamba Applications? Suit Seeks to Overturn EPA’s Decision to Allow Expanded Use of Dicamba

The Ninth Circuit Court of Appeals has heard from the parties in a suit challenging the U.S. Environmental Protection Agency’s decision to allow more…
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