Weekly case summaries from the U.S. 9th Circuit Court of Appeals and related news, from FindLaw.com.
View this email in your browser
U.S. Ninth Circuit
Digest for Week of February 7th, 2017

U.S. 9th Circuit Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

U.S. 9th Circuit Case Summaries


Prather v. AT&T, Inc.

February 6, 2017
Injury & Tort Law, Communications Law
(United States Ninth Circuit) - In a qui tam action brought by a state prosecutor alleging that the largest telecommunications companies in the United States were fraudulently overcharging the federal government for surveillance services, the district court's dismissal of the action under the False Claims Act's (FCA) public disclosure bar, which states that once allegations of fraud have entered the public domain a person may not bring a qui tam action unless he can prove that he was an original source of those allegations,31 U.S.C. section 3730(e)(4) (2006), is affirmed where plaintiff did not qualify as an original source.
Keep Reading


Poublon v. C.H. Robinson Co.

February 3, 2017
Labor & Employment Law, Class Actions, Dispute Resolution & Arbitration
(United States Ninth Circuit) - In an employment class action, the district court's order denying defendants' motion to stay proceedings, compel arbitration of claims arising out of the plaintiff's employment, and dismiss class and representative claims, is reversed where: 1) although the Incentive Bonus Agreement was an adhesion contract, it was not procedurally or substantively unconscionable under California law; and 2) the dispute resolution provision was valid and enforceable once the judicial carve-out was extirpated and the waiver of representative claims was limited to non-PAGA claims.
Keep Reading


Mayes v. WinCo Holdings, Inc.

February 3, 2017
Civil Rights, Labor & Employment Law
(United States Ninth Circuit) - In an employment action alleging gender discrimination claims under Title VII and the Idaho Human Rights Act, a claim under the Consolidated Omnibus Budget Reconciliation Act, and wage claims under the Fair Labor Standards Act and the Idaho Wage Claim Act, the district court's grant of summary judgment to employer-defendant is reversed where: 1) as to the gender discrimination claims, plaintiff presented sufficient evidence that defendant's proffered reasons for terminating her were pretextual because she offered ample direct evidence of discriminatory animus, as well as specific and substantial indirect evidence challenging the credibility of defendant's motives; 2) as to the COBRA claim, there was a genuine dispute of fact regarding the true reason for the plaintiff's termination; and 3) summary judgment was improper on the state and federal wage claims.
Keep Reading


Sharemaster v. US Securities & Exchange Commission

February 2, 2017
Securities Law, Administrative Law
(United States Ninth Circuit) - In a pro se petition for review brought by a registered broker dealer seeking review of an SEC decision that a $1000 penalty that the Financial Industry Regulatory Authority (FINRA) imposed on petitioner was not a 'live' sanction capable of redress, the petition is granted where the SEC's decision was interpretation of Securities Exchange Act Section 19(d)(2) was unreasonable and inconsistent with applicable law.
Keep Reading


Center for Biological Diversity v. US Environmental Protection Agency

February 2, 2017
Administrative Law, Environmental Law
(United States Ninth Circuit) - In a citizen suit alleging that the U.S. Environmental Protection Agency violated the Endangered Species Act (ESA) when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service, the district court's judgment is: 1) affirmed in part as to the dismissal of all category one, two and three sub-claims; and 2) reversed in part as to the dismissal of all category four sub-claims, which alleged that the EPA's approval of individual pesticide products was an agency action, where those claims were barred by the collateral attack doctrine.
Keep Reading


Dixon v. Baker

February 2, 2017
Habeas Corpus, Criminal Law & Procedure
(United States Ninth Circuit) - Dismissal of petition for writ of habeas corpus relief from life sentence for attempted murders is reversed where, because petitioner's petition was only partially exhausted, he should have been allowed to delete the unexhausted claims and proceed on the exhausted claims if his motion to stay and abey his federal case were denied.
Keep Reading


U.S. 9th Circuit Blog Posts


Overcoming e-Commerce Litigation Challenges

Casey C. Sullivan, Esq.
February 7, 2017
In many ways, e-Commerce has made our lives as consumers so much easier. Need a book? Order it online. Last minute dry cleaning? There's an app. Looking for a lawyer? Here's an online directory. But as lawyers, e-Commerce doesn't...
Keep Reading


What's Happened and What's Ahead in Washington v. Trump

Casey C. Sullivan, Esq.
February 6, 2017
It's been a busy weekend for lawyers fighting over President Trump's immigration ban. On Friday, a federal judge in Seattle issued a nationwide temporary restraining order pausing the enforcement of ban. While the President took to Twitter to decry...
Keep Reading


Cancelling a Contract Doesn't Negate Prior Consent to Receive Text Messages

William Vogeler, Esq.
February 3, 2017
The Ninth Circuit ruled that a customer who gave his phone number to a gym cannot sue the company for contacting him by text message -- even after the customer cancelled his membership. According to the ruling, it was...
Keep Reading


Legal Battle Over Trump's Immigration Ban Could Play Out in the 9th Cir.

Casey C. Sullivan, Esq.
January 30, 2017
On Friday, Trump issued an executive order barring visitors, immigrants, and refugees from seven majority-Muslim nations from entering the United States. Soon after, lawyers began swarming America's major airports, seeking to file habeas petitions on behalf of those detained...
Keep Reading


Indian Tribes Subject to Lending Laws

William Vogeler, Esq.
January 25, 2017
The Ninth Circuit has ruled that lending companies operated by Native American tribes are subject to investigation by federal lending authorities. According to the circuit's ruling, the companies, operated by various tribes, must comply with civil investigative demands from...
Keep Reading


If no blog posts appear in this area, there are no new blog posts this week.

e-Commerce has exploded as a dominant means of conducting business, with people turning to the Internet for everything from purchases, to contract negotiations, to public discourse. 

The Rutter Group presents Traversing the Challenges of e-Commerce Litigation in Federal Court in four locations throughout California during the month of March.

U.S. District Court judges and a practitioner will present on issues to help you avoid common procedural pitfalls in Internet-based cases, including issues concerning subject matter and personal jurisdiction, service of process, e-discovery, navigating on-line privacy statutes, data breach, and cyber security.

Not only will you meet 3 hours of MCLE requirements (including 0.5 hour of Legal Ethics), you will also have the option to purchase related Rutter Practice Guide a half price!

 
Enroll Now
You are receiving this mailing because you subscribed as *|EMAIL| * to receive newsletters on FindLaw.com. FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this email in its entirety. 

Questions or concerns about our Newsletter layout or content? Contact us!

Our mailing address is: 800 West California Avenue 2nd Floor, Sunnyvale, CA 94086
Unsubscribe from this newsletter        Unsubscribe from all FindLaw newsletters

Copyright © 2017 FindLaw, part of Thomson Reuters. All rights reserved.