The Ninth Circuit denied mandamus in the Super Micro Computer securities case and clarified that the standard for rebutting a presumptive lead plaintiff’s adequacy under the PSLRA is preponderance of the evidence, not the lower ‘genuine and serious doubt’ threshold.
The Ninth Circuit affirms placement of a southern-California tribe on ATF’s PACT Act non-compliant list, holding that the tribe’s remote cigarette sales to other California tribes are off-reservation activities subject to California’s licensing and excise-tax laws.
The Ninth Circuit reverses the dismissal of the County of San Bernardino’s coverage suit against ICSOP for cleanup costs at the Chino Airport, holding that the policies’ aggregate limits provision is ambiguous and does not cap property-damage coverage.
The Ninth Circuit holds that GARA’s rolling provision restarts the 18-year statute of repose for replacement aircraft parts even when the new part is identical to the original, reviving a wrongful-death suit against Torrance-based Robinson Helicopter Company over a fatal Hawaiian sightseeing c
The Ninth Circuit reverses dismissal of a California consumer class action against Target over allegedly impossible 800-thread-count cotton sheets, holding that the literally false advertising framework applies when a label is unambiguous and that a physically impossible claim can still deceive a re
The Ninth Circuit affirms dismissal of a California consumer class action against Brita, holding that no reasonable consumer would expect a low-cost water filter to remove every common contaminant when the packaging only claims to ‘reduce’ specific listed contaminants and directs buyers
Fourth District vacates judgment confirming arbitration award and remands for the trial court to determine whether the purported liquidating trustees who brought the action on behalf of an LLC had standing under the company’s operating agreement, holding that jurisdictional standing may be cha
Fourth District holds that impracticability of performance is an equitable defense that must be tried to the court rather than the jury and reverses a defense verdict in a breach of contract case arising from a Texas mortuary’s body mix-up that resulted in the wrong body being buried in San Di
Fourth District holds that California’s one-year statute of frauds applies to oral and implied joint venture agreements and affirms summary judgment for Scripps scientists in a biotech startup dispute with a venture capitalist.
Second District conditionally affirms a $6.85 billion verdict in a five-month trial over the Jogani brothers’ real-estate partnership, but orders a remittitur because Shashi Jogani’s damages expert testified to an undisclosed lost-profits opinion exceeding $1.9 billion.