Jurisdiction

Each class member must establish Article III standing in order to recover relief in a case in federal court.  Here, TransUnion included incorrect OFAC terrorist information in its credit files on 8,000 class members but issued credit reports to third parties with the incorrect OFAC information only as to 1,600 of the class members.  This decision holds that only the… Read More

A shareholder in a California-based corporation has Article III standing to sue the California Secretary of State to seek to enjoin SB 826 (2018) which enacted Corp. Code  301.3, 2115.5, requiring covered corporations to have at least one female director by 2019 and up to three female directors by 2021.  Even though the statute is directed against corporations, not their… Read More

The trial court retains jurisdiction to consider and approve a final report by a receiver appointed to remediate a nuisance caused by a substandard building is appointed under both H&S Code 17980.7 even after the plaintiff governmental entity dismisses the action.  The receiver's final report and motion for its approval must be served on all persons with an interest in… Read More

Two individuals and a number of states lack standing to challenge the minimum essential coverage provision of Obamacare because Congress eliminated the penalty for non-compliance with the statutory requirement of minimum coverage.  As there was no longer any governmental compulsion to obtain the coverage, the individual plaintiffs could not show that their supposed injury from having paid for coverage was… Read More

Federal courts lack Article III jurisdiction over portions of a PAGA suit that attack alleged wage and hour regulations which did not injure the named plaintiff.  A PAGA suit does not fall within the qui tam action exception to the ordinary Article III requirement that the plaintiff has sustained injury from the wrong he sues to redress.  Unlike a traditional… Read More

Plaintiff is a medical doctor specializing in pain management.  CVS, a pharmacy, informed him it would no longer fill his patients' prescriptions, citing conerns he was over-prescribing controlled substances.  Plaintiff sued for an injunction directing CVS to fill his prescriptions.  Held, injunction properly denied.  The State Board of Pharmacy has primary jurisdiction over the issues in this litigation.  It enforces… Read More

When an appellate court’s reversal is accompanied by directions requiring specific proceedings on remand, those directions are binding on the trial court and must be followed.  Here, the disposition language of the prior appellate decision directed a new trial of damages, which the trial court properly held.  The opinion also contained advice on how the trial court should frame special… Read More

Following  Langere v. Verizon Wireless Services, LLC (9th Cir. 2020) 983 F.3d 1115 and Microsoft Corp. v. Baker (2017) 137 S.Ct. 1702, this decision holds that the Court of Appeal lacks appellate jurisdiction over an appeal from a voluntary dismissal entered for the purpose of trying to appeal from an order compelling arbitration in a putative class action.  It does… Read More

To establish organizational standing, the plaintiff associations  needed to show that the challenged conduct frustrated their organizational missions and that they diverted resources to combat that conduct.  Diversion of resources happens when the plaintiffs alter their resource allocation to combat the challenged practices, but not when they go about their business as usual.  Here, the evidence on defendant's Rule 12(b)(1)… Read More

In a proceeding under 9 USC 7 to enforce a subpoena that an arbitrator has issued to a non-party witness, when no federal claim is at stake, a federal court has jurisdiction over the matter only if the requirements for diversity jurisdiction (including the amount in controversy requirement) are satisfied.  The amount in controversy exceeds $75,000, if the value of… Read More