The Ninth Circuit predicts that California treats conversion as strict liability, allowing a conversion defendant to seek equitable indemnity from negligent joint tortfeasors.
California consumers cannot recover Yelp-law penalties merely because unlawful non-disparagement language appears in website terms; they must allege enforcement, a threat, or retaliation.
The Ninth Circuit affirmed dismissal of a SunPower securities complaint because investors did not plausibly allege that the company knew of an over-torquing defect when it warned that product risks could occur.
The Ninth Circuit left intact a bankruptcy settlement’s claim waivers, dismissed challenges to a jurisdictional remand, and upheld Rule 11 sanctions.
A law firm that represented itself in a fee dispute could not recover contractual attorney fees by inserting a purported waiver of California’s Trope rule into its retainer agreement.
Gym defeats tort and contract claims arising from police encounter.
The Ninth Circuit affirmed that a municipal advisor’s division of underwriting fees was prohibited fee-splitting and upheld the SEC’s full set of remedies.
The Ninth Circuit vacated a $40 million jury verdict for semiconductor component maker Comet Technologies and ordered a new trial after finding that the district court erroneously placed the burden of proving “ready ascertainability” of alleged trade secrets on XP Power rather than on Co
The Ninth Circuit vacated a district court’s sua sponte remand of two California lemon law cases, holding that the $75,000 amount-in-controversy threshold is a fixed statutory requirement that cannot be adjusted for inflation, and that civil penalties and attorneys’ fees must be counted
The Second District reverses a quashal of service, holding that Yuri Shefler — Swiss-resident billionaire and beneficial owner of SPI Group — is subject to personal jurisdiction in California because he directed, financed, and personally communicated about the purchase of Angelina Jolie’s Cali
The Sixth District affirmed the appointment of a receiver over data center companies where the principals acknowledged inability to pay debts and provided no documentary evidence of future solvency.
The Fourth Department affirmed denial of Casella Waste Management’s motion to dismiss third-party claims arising from a fatal bulldozer accident, holding that the asset purchase agreement did not conclusively negate the Schumacher “mere continuation” and “merger” exceptions to successor corporate liability.
The First District held that under the Song-Beverly Act, a component manufacturer that warranties only its component is obligated to replace or reimburse only that component — not the entire consumer product in which it is incorporated.
The Tenth District reversed the trial court’s dismissal of claims arising from a blind trust arrangement for real estate lots, holding that the plaintiff adequately alleged the existence of a trust relationship regardless of whether Ohio specifically codifies “blind trusts.”
The First Court of Appeals reversed the denial of a special appearance, holding that forum-selection clauses in LLC agreements could not bind a non-signatory entity through direct-benefits estoppel in a multi-layered ownership structure.
The Fourth District affirmed a $20,544 unjust enrichment award and rejected a disqualification challenge based on a magistrate’s $100 campaign contribution to the political opponent of a party’s attorney, finding no appearance of impropriety.
The Fourth District revives claims against a rival mortgage company that allegedly orchestrated a branch defection scheme, holding that all employees owe a duty of loyalty and that CUTSA does not displace interference or computer fraud claims.
The Ninth Circuit affirms a preliminary injunction against a trademark licensee who claimed priority rights, holding that a licensee’s use of marks inures to the licensor under the Lanham Act and that later rescission of the licensing agreement does not retroactively change trademark priority.
Ninth Circuit holds that an automobile manufacturer that was not a party to a consumer’s lease agreement with a dealership cannot enforce the lease’s arbitration or delegation clause, reaffirming Kramer v. Toyota and applying the California Supreme Court’s Ford Motor Warranty Cases
The Ninth Circuit reversed dismissal of a California consumer fraud class action, holding that a licorice product’s “Free of Artificial Colors & Flavors” label can mislead reasonable consumers when the product allegedly contains petroleum-derived DL malic acid as a flavoring.
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