News & Analysis as of

En Banc Review California

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Ends California’s Ban on Mandatory Employment Arbitration Agreements

The Federal Arbitration Act preempts state laws that inhibit parties from entering into arbitration agreements. In Chamber of Commerce v. Bonta, the Ninth Circuit ruled that the Federal Arbitration Act preempts...more

Mintz - Employment Viewpoints

Federal Court Kicks California Arbitration Ban to the Curb

The Ninth Circuit Court of Appeals recently struck down a California law that prohibited employers from mandating the arbitration of workplace disputes. This puts arbitration back in play in California for most employment...more

Fenwick & West LLP

Ninth Circuit Panel Rules That AB 51 Is Preempted by Federal Law and Unenforceable

Fenwick & West LLP on

On the heels of more than three years of legal challenges (summarized here) to California’s AB 51, which prohibits employers from requiring employees to arbitrate disputes under the state’s Labor Code and Fair Employment and...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Foley & Lardner LLP

A New Era of McGill Arbitration in California—Hodges v. Comcast

Foley & Lardner LLP on

Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence. In McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), the California Supreme Court held on public...more

Jackson Lewis P.C.

U.S. Chamber of Commerce Seeks En Banc Review of Decision on FAA Preemption and California’s AB 51

Jackson Lewis P.C. on

As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more

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