Month: March 2017

Headline: The Ninth Circuit panel held that a magistrate judge was not required to obtain consent from four million class members before approving a class action settlement, but also held that the magistrate judge abused her discretion by approving the settlement because there was no evidence…

Headline: The Ninth Circuit reversed and remanded a district court amended opinion which deferred to an Administrative Law Judge’s (ALJ) finding that the Individuals with Disabilities Education Act (IDEA) and due process was not violated when a school district unilaterally changed the Individualized Education Plan…

Headline: Ninth Circuit Panel held that Westfall Act provided immunity from liability under the Alien Tort Statute to high ranking Bush Administration officials. Areas of Law: Westfall Act, Immunity of Government Officials Issues Presented: (1) Whether the Westfall Act provides absolute immunity to government officials…

Headline: The Ninth Circuit, sitting en banc, held that California’s differential fees imposed on nonresident commercial fishers did not violate the Privileges and Immunities Clause or Equal Protection Clause.   Areas of Law: Constitutional Law, Privileges and Immunities, Equal Protection, Commercial Fishing   Issue Presented: Whether…

Headline: The Ninth Circuit Panel determined that intermediate scrutiny shall be applied to regulations which do not substantially burden Second Amendment rights. Areas of Law: Constitutional Law; Second Amendment Rights; Statutory Waiting Period Issues Presented: The panel determined the narrow issue of whether California’s 10-day waiting period to…

Headline: Ninth Circuit panel affirms a suppression order when a criminal defendant invoked his Miranda rights and the government subsequently attempted to use unadmonished responses to a jail official’s questions about the defendant’s gang affiliation at trial. Areas of Law: Criminal Law, Constitutional Law, Miranda…

Headline: The Ninth Circuit Panel held FRCP Rule 23 does not require named plaintiffs to provide an administratively feasible way to identify class members as a prerequisite for class certification. Areas of Law: Civil Procedure, Class Actions Issues Presented: Whether class representatives must demonstrate there is an…

Headline: Ninth Circuit panel, applying California contract law, declined to enforce the arbitration provision in a brochure contained in a Samsung phone box’s Product & Safety Warranty Information brochure, holding that California courts have not adopted the Seventh Circuit’s view that arbitration clauses contained in…

Headline: The Ninth Circuit Panel held that reviewing courts should be “forgiving” of a district court’s failure to follow Rule 12(g)(2), when granting late-filed Rule 12(b)(6) motions and held customers who buy iPhone applications are “direct purchasers” for purposes of standing in an antitrust suit…