Federal judges on Monday peppered a lawyer for President Donald Trump with questions about whether the administration’s travel ban discriminates against Muslims and honed in on the president’s campaign statements, the second time in a week the rhetoric has faced judicial scrutiny. Acting Solicitor General Jeffrey Wall, who is defending the travel ban, told a three-judge panel of the …
AT&T wireless customers are asking a federal appeals court to revive their class-action lawsuit alleging that the company advertised “unlimited data,” only to throttle users who exceeded a monthly cap. The lawsuit was sent to arbitration last year, after U.S. District Court Judge Edward Chen in the Northern District of California found that AT&T’s terms of service required arbitration of …
The Justice Department said in a brief filed Monday that it would continue to defend President Donald Trump’s targeted travel ban in the federal appeals court in San Francisco, which on Thursday refused to reinstate it. The department did not say whether it would try to appeal that ruling to the Supreme Court. But its silence on the matter suggested that the Trump administration …
Courts may now approach slack-fill suits with greater skepticism when a manufacturer accurately labels its net weight following an amended opinion by the U.S. Court of Appeals for the 9th Circuit, according to a lip balm lawsuit. Sugar lip balm by Fresh, Inc. | Fresh, Inc. The 9th Circuit Court of Appeals ended a class-action lawsuit in March against Fresh Inc. over the lip balm …
With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class or collective actions against their employer. This issue will almost certainly reach the Supreme Court given the deepening divide and the Court’s …
A federal appeals court rejected a lawsuit Friday that accused Nevada officials and the state psychiatric hospital in Las Vegas of violating patients’ civil rights by giving them bus tickets and dumping them in other states. The 9th U.S. Circuit Court of Appeals in a 2-1 decision said it could not consider the merits of the suit because the plaintiff, James Flavy Coy Brown, failed to raise a …
A federal appellate court in California has agreed to decide whether consumers can proceed with a class-action lawsuit against AT&T over the company’s data-throttling practices. The 9th Circuit Court of Appeals announced on Thursday that it would hear the consumers’ appeal of a trial judge’s decision to send the case to arbitration. The legal dispute dates to 2014, when three California …
A U.S. court has the authority to hear a trademark lawsuit by grocery chain Trader Joe’s against a man who purchased the company’s products and resold them in Canada at Pirate Joe’s, a store designed to mimic a real Trader Joe’s, a federal appeals court said Friday. The 9th U.S. Circuit Court of Appeals overturned a district court’s decision to dismiss California-based …
On Monday, the 9th Circuit Court of Appeals rejected an effort by Disney and DreamWorks to delay a class action lawsuit that alleges that animation studios colluded with each other to deny its workers better job opportunities and keep wages low. Robert Nitsch, a former visual effects worker who worked on Matrix Revolutions and Kung Fu Panda, and others are moving forward after striking a $13 …
One of the more interesting issues on the horizon that has implications for workers’ comp is the question of whether “gig economy” workers will have rights as employees. In various posts I’ve been commenting on the Lyft and Uber class actions, since those seem to be the poster children for the disruptive companies who seek to change the legal landscape. Julius Young So it was with interest when …