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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…
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…
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…
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…
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…
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…
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…
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…
Sheppard Mullin Richter & Hampton LLP | USA | 26 Apr 2023
Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim
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…
Covington & Burling LLP | USA | 26 Apr 2023
Challenge to “I Can’t Believe It’s Not Butter! Spray” Labeling Is Preempted, Ninth Circuit Says
In a decision that boosts defendants’ chances of defeating mislabeling claims at the pleading stage, a Ninth Circuit panel held that that the Food…
