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Recent Decisions in the Ninth Circuit Highlight U.S. Litigation Risk in Relation to Alleged Human Rights Violations Abroad

In Short - The Situation: In the last month, two courts in the Ninth Circuit allowed human rights focused cases to proceed beyond the pleading stage. These cases seek to impose liability on U.S.-based companies for alleged...more

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

California Supreme Court Rules for Employers in Pair of Prevailing Wage Law Cases

On August 16, 2021, the California Supreme Court decided a pair of cases addressing California's prevailing wage law—Busker v. Wabtec Corporation (No. S251135) and Mendoza v. Fonseca McElroy Grinding Co., Inc. (No. S253574)....more

Update: An Empirical Analysis of Federal Consumer Fraud Class Action Settlements (2019–2020)

Class action settlements in consumer fraud cases have generated significant controversy. Critics opine that these settlements primarily benefit lawyers, and that class members have often suffered little or no injury to begin...more

Supreme Court Again Reins in Scope of Claims Under the Alien Tort Statute

In Nestle, six citizens of Mali claimed they were trafficked into and enslaved on cocoa farms in the Ivory Coast. Pursuant to the ATS, these former child slaves sought to impose liability upon Nestle, Cargill, and other U.S....more

Ninth Circuit Clarifies Class Certification Standards in Antitrust Appeal

The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members...more

An Empirical Analysis of Federal Consumer Fraud Class Action Settlements (2010–2018)

Class action settlements in consumer fraud cases have generated significant controversy in recent years. Critics opine that these settlements primarily benefit lawyers, and that class members have often suffered little or no...more

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