Media Alerts

ABA 9th Circuit Media Alerts

The American Bar Association’s (ABA’s) Media Alerts provides reporters, lawyers, educators, and the public with accurate, unbiased analysis of newsworthy and legally significant cases pending in or decided by the federal courts of appeals. The ABA selected the Western State Law Review to write the Media Alerts for the 9th Circuit. Several Law Review members volunteer to write the Media Alerts throughout each term.

Media Alerts – 9th Circuit

Koby v. Helmuth – Ninth Circuit

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 that the injunctive relief afforded by the settlement had any value to the class members, yet to obtain it they had to relinquish their right to seek damages in any
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Saleh v. Bush – Ninth Circuit

Headline: Ninth Circuit panel holds that Westfall Act provides 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 for alleged violations of the Alien Tort Statute. (2) Whether Congress can grant immunity from liability to federal officials for a jus cogens violation. Brief Summary: Appellant Sundus Shaker Saleh
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Marilley v. Bonham – Ninth Circuit

Headline: The Ninth Circuit, sitting en banc, holds that California’s differential fees imposed on nonresident commercial fishers do not violate the Privileges and Immunities Clause or Equal Protection Clause. Areas of Law: Constitution, Privileges and Immunities, Equal Protection, Commercial Fishing Issue Presented: Whether differential fees charged by California to nonresident commercial fishers violates the Privileges and Immunities Clause or Equal Protection Clause when California uses the differential fees to compensate the State for the annual
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Silvester v. Harris – Ninth Circuit

Headline: Ninth Circuit panel applies intermediate scrutiny standard in upholding California’s waiting period law as relates to firearms purchasers who previously passed background checks. Areas of Law: Constitutional Law; Second Amendment Rights; Waiting Period Laws Issues Presented: The panel considered whether California’s 10-day waiting period to take possession of any firearm violated the Second Amendment rights of subsequent purchasers where those purchasers passed the required background checks in less than the required 10-day wait period.
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United States v. Williams – Ninth Circuit

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 Warnings. Issue Presented: Whether the government may introduce evidence of a defendant’s gang affiliation obtained through unadmonished questioning of defendant by a jail official after defendant asserted his Miranda rights.
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Briseno v. ConAgra Foods, Inc. – Ninth Circuit

Headline: Ninth Circuit panel holds FRCP Rule 23 does not require named plaintiffs to proffer 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 “administratively feasible” means of identifying absentee class members to a class action lawsuit under Federal Rules of Civil Procedure (“FRCP”) Rule 23. Brief Summary: Plaintiff-Appellee Robert Briseno, the named
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Norcia, et al. v. Samsung Telecommunications America, LLC – Ninth Circuit

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 in-the-box contracts are enforceable. Areas of Law: Contract Law, Arbitration Clause, Warranty Law Issues Presented: Whether an arbitration clause in a Product & Safety Warranty Information brochure included in the
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Pepper v. Apple Inc. – Ninth Circuit

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 against Apple, Inc. Areas of Law: Federal Rules of Civil Procedure, Antitrust, Statutory Standing Issues Presented: The panel’s opinion focused on two questions. First, whether the district court erred in
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Ziober v. BLB Resources, Inc. – Ninth Circuit

Headline: The Ninth Circuit joined other circuits in holding that the Uniformed Services Employment and Reemployment Rights Act which institutes employment rights for returning service members does not prohibit required arbitration of claims arising under its provisions. Areas of Law: Arbitration, Labor Law, Uniformed Services Employment and Reemployment Rights Act Issue Presented: Whether the Uniformed Services Employment and Reemployment Rights Act prohibits compelled arbitration pursuant to an arbitration clause in a service member’s employment contract
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Ho v. ReconTrust Co. – Ninth Circuit

Headline: The Ninth Circuit panel affirms that the trustee of a California deed of trust securing a non-judicial foreclosure under California state law is not a” debt collector” within the purview of the Fair Debt Collection Practices Act. Areas of Law: Fair Debt Collection Practices Act, Consumer Finance, State (California) and Federal Civil Procedure Issues Presented: (1) Whether the trustee of a California deed of trust is a “debt collector” pursuant to the Fair Debt
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