KEITH MANUFACTURING CO. v. BUTTERFIELD - Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court for the District of Oregon. Summary: A voluntary dismissal with prejudice under Rule 41(a)...more
The Ninth Circuit recently clarified what standard applies when a party seeks relief from judgment under Rule 60(b). In so doing, the court allowed two plaintiffs who had previously voluntarily dismissed their class action...more
Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more
One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case....more
This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more
The Xbox 360 is designed for gaming. Appellate litigation, gamers learned, is not. On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought suit alleging a defect with the consoles. After the...more
On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more
The Supreme Court unanimously held today that plaintiffs cannot immediately appeal a federal court’s denial of class certification when the named plaintiffs voluntarily dismiss their claims following the denial of class...more
Two recent dismissal orders – filed within days of each other – signal positive news to rural electric cooperatives defending actions brought by former or current members regarding the distribution of patronage capital and...more
Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in...more