Articles Posted in US Court of Appeals for the Ninth Circuit

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The Ninth Circuit vacated the district court's order granting plaintiff's motion to remand a putative class action alleging that Monterey recorded or monitored its telephone conversations with plaintiff without giving her notice. The panel held that plaintiff did not meet the requirements of the Class Action Fairness Act's (CAFA), 28 U.S.C. 1332, home-state controversy exception because she did not prove that two-thirds of all class members were California citizens. In this case, plaintiff seeks to remand an otherwise valid CAFA case to state court when only a portion of the class meets the two-thirds citizenship requirement. The size of the entire class is unknown and plaintiff failed to prove that two-thirds of class members are California citizens because there was no evidence regarding the citizenship of class members who made or received a phone call from Monterey while located in, but not residing in, California or Washington. Accordingly, the panel remanded for further proceedings. View "Brinkley v. Monterey Financial Services, Inc." on Justia Law

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The Federal Rule of Civil Procedure 23(f) deadline, which governs interlocutory appeals of orders granting or denying class action certification, is not jurisdictional, and thus equitable exceptions apply. The Ninth Circuit held that a motion for reconsideration filed within the Rule 23(f) deadline will toll the deadline; additional equitable circumstances may also warrant tolling; and, in this case, the Rule 23(f) deadline was tolled when counsel for the lead plaintiff, within fourteen days of the district court's decertification order, informed the court of his intention to seek reconsideration, explained his reasons for doing so, and the court set a date for filing the motion with which counsel complied. On the merits, the panel held that the district court abused its discretion in decertifying the class. Accordingly, the court reversed and remanded for further proceedings. View "Lambert v. Nutraceutical Corp." on Justia Law

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The Ninth Circuit affirmed the district court's order approving the cy pres-only settlement arising from class action claims that Google violated users' privacy by disclosing their Internet search terms to owners of third-party websites. The panel held that the district court did not abuse its discretion in approving a cy pres- only settlement where the settlement funds were non-distributable; the district court did not abuse its discretion in finding the superiority requirement was met because the litigation would otherwise be economically infeasible; the district court did not abuse its discretion in approving the six cy pres recipients; the district court appropriately found that the cy pres distribution addressed the objectives of the Stored Communications Act and furthered the interests of the class members; a prior relationship or connection between the cy pres recipient and the parties or their counsel, without more, was not an absolute disqualifier; and the district court did not abuse its discretion by approving $2.125 million in fees and $21,643.16 in costs. View "In re Google Referrer Header Privacy Litigation" on Justia Law

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A plaintiff may rely on the "deterrent effect doctrine" to establish constitutional standing under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., where she lacks firsthand knowledge that an establishment is not in ADA compliance. A plaintiff has constitutional standing where her only motivation for visiting a facility is to test it for ADA compliance. The Ninth Circuit held that, although plaintiffs in this case have standing to maintain their ADA suit, the district court did not abuse its discretion in denying class certification because plaintiffs failed to meet the commonality requirement in Federal Rule of Civil Procedure 23. View "Civil Rights Education and Enforcement Center v. Hospitality Properties Trust" on Justia Law