Newsletters

10.16.19

Bank (Finally) Gets Plaintiffs’ Claims Sent to Individual Arbitration

A major national bank won a motion to dismiss in a multidistrict litigation challenging its overdraft fee practices, sending the individual plaintiffs’ disputes to arbitration pursuant to customer account or deposit agreements.


09.25.19

Class Actions: Ninth Circuit Panel Allows Judge to Prohibit Precertification Settlement Negotiations

Taking the cautious view of a district court’s judicial discretion, the U.S. Court of Appeals for the Ninth Circuit declined to grant a writ of mandamus seeking to overturn a case management order that prohibited precertification class settlement discussions.


07.31.19

Ninth Circuit Affirms FTC Act Violations Against Alleged Mortgage Relief Scammers

The Ninth Circuit refused to allow various defendants to escape liability for a variety of alleged mortgage relief scams, affirming judgments based on violations of the FTC Act and the federal Mortgage Assistance Relief Services (MARS) Rule.  


07.31.19

California Appellate Court OKs Prejudgment Interest After Charge-off

Adding prejudgment interest to a consumer’s debt from the date of charge-off—and reporting the account with that interest to multiple credit bureaus—did not violate the Rosenthal Fair Debt Collection Practice Act, a California appellate panel has ruled.


06.24.19

Supreme Court Shortens the Path for Takings Cases

In a case resolving a complex procedural question about the ability of property owners to have access to federal courts for their disputes with local government agencies, the Supreme Court overruled a 34-year-old precedent and held that property owners—like all other Americans—are ...


01.22.16

Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co. v. Gomez.


12.18.15

This Year's Most Memorable Opinion Openers

Appellate courts tend to avoid broadly sweeping language in their opinions. And rightly so, as appellate opinions are meant to bring clarity to a muddled issue or area of law, not to gloss over the finer points with well-worn platitudes. ​


02.24.15

Appellate Practice Roundup - February 2015

Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various circumstances.


10.04.13

Kurwa v. Kislinger: California Supreme Court Holds No End-Run Around the "One Final Judgment Rule"

Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable.


10.01.13

Manatt’s Amicus Briefs Help Protect LGBT Youth From Abusive “Gay Conversion” Therapy

In a highly publicized, published opinion, the Court of Appeals for the Ninth Circuit recently upheld California’s SB 1172, the first law in the United States to bar licensed mental health providers from treating patients under the age of 18 with what has been interchangeably referred to as ...