U.S. Court of Appeals for the Ninth Circuit

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Case Updates

Rehearing denied

December 08, 2015

The petition for panel rehearing and the petition for rehearing en banc were denied.

U.S. Chamber urges Ninth Circuit to review class action case considering Rule 23(b)

October 29, 2015

In its brief, the U.S. Chamber supported a petition for panel and en banc rehearing following a Ninth Circuit panel’s reversal of a district court order denying class certification. In its brief, the Chamber argues that the panel misapplied Rule 23(b) and improperly approved the plaintiffs’ one-size-fits-all proposed method of computing restitution, which would average the effect of the alleged violation across a range of differently situated class members.

Pratik A. Shah and Z.W. Julius Chen of Akin Gump Strauss Hauer & Feld LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents