Tag Archives: Ninth Circuit

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class Claims

Photo of Todd LebowitzPhoto of Matthew GoodmanBy Todd Lebowitz and Matthew Goodman on Posted in Class Action, Class Certification
For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a particular kind are treated as contractors. The argument goes that if one is misclassified, all are misclassified. But a new Ninth Circuit ruling may help … Continue Reading

Divided Ninth Circuit Reinstates Part of California’s Anti-Arbitration Law

Photo of Greg MersolPhoto of Joseph S. PersoffBy Greg Mersol and Joseph S. Persoff on Posted in Antitrust, Arbitration, California, Supreme Court, Uncategorized
For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme Court cases. While a string of Supreme Court cases over the past decade gave employers some respite, the Ninth Circuit has … Continue Reading

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

Photo of John LewisBy John Lewis on Posted in Class Action
A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the Section 1 exemption of the Federal Arbitration Act (FAA) to mandatory arbitration because they are not a class of workers “engaged in foreign or interstate commerce.” Accordingly, the drivers were properly compelled by the district court … Continue Reading

Ninth Circuit Holds That District Court Must Weigh Evidence to Determine Rule 23(b) Predominance

Photo of Greg MersolBy Greg Mersol on Posted in Antitrust
While statistical evidence has long been held to be probative on the issue of potential discrimination, it can also be tricky. Questions often abound regarding the collection of data used for statistical comparisons, the methodology used and the treatment of results. A recent decision from the Ninth Circuit holds that a district court cannot ignore … Continue Reading

Ninth Circuit Doesn’t Require Uber to Litigate Driver’s Data Security Breach Putative Class Action

Photo of John LewisBy John Lewis on Posted in Arbitration
A Ninth Circuit panel denied a mandamus petition attempting to overturn a district court order requiring arbitration of a putative class action brought by an Uber driver. The action claimed that Uber failed to protect drivers’ and riders’ personal information and botched a data security breach by online hackers. The district court ultimately concluded that … Continue Reading

Do Daubert standards apply at the certification stage? Ninth Circuit splits with itself

Photo of Greg MersolBy Greg Mersol on Posted in Class Certification, Wage and Hour
It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the issue it raises, like Michael Myers in the Halloween movie series, should have been dead long ago. We’ve blogged the issue of whether Daubert standards … Continue Reading

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves Some Wiggle Room

Photo of Sabrina ShadiPhoto of Vartan MadoyanBy Sabrina Shadi and Vartan Madoyan on Posted in Meal and Rest Periods
On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation industry operating in California.  In plain terms, the question was whether California’s detailed meal and rest break requirements conflict with a … Continue Reading

Ninth Circuit Narrowly Upholds Class Settlement In Misclassification Case

Photo of Greg MersolBy Greg Mersol on Posted in Uncategorized
We’ve commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards in particular.  A recent decision from the Ninth Circuit, although it ultimately upholds the award, reflects that this is still a troublesome area and less than entirely predictable for any of the parties. … Continue Reading
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