8 results for 'judge:"Fletcher"'.
J. Fletcher finds that the district court properly denied a company's motion to compel arbitration and remands to address an individual's challenge of a $1.99 expedited payment fee. The appeal arises from a putative class action alleging that two fees imposed by the owner and operator of retail stores that lease household and electronic items through rent-to-own contracts violate consumer laws. Challenges to other fees brought in the class action were not moot. Affirmed in part.
Court: 9th Circuit, Judge: Fletcher, Filed On: March 14, 2024, Case #: 22-16868, Categories: Arbitration, Class Action
J. Fletcher finds that the district court properly entered an order compelling arbitration of a Private Attorneys General Act of 2004 (PAGA) class claim concerning employment with Lowe’s Home Centers. However, the district court erred in dismissing the lead plaintiff's non-individual PAGA claims. Affirmed in part.
Court: 9th Circuit, Judge: Fletcher , Filed On: February 12, 2024, Case #: 22-16486, Categories: Arbitration, Employment
J. Fletcher finds that the district court properly dismissed an individual's claims of unlawful search and arrest as barred by the applicable statute of limitations. State-law claims were not tolled by a Covid-19 pandemic emergency tolling order and the limitations periods for those claims passed before either the order or rule went into effect. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: January 26, 2024, Case #: 22-55806, Categories: Civil Rights, Covid-19
J. Fletcher finds that the district court improperly entered summary judgment in favor of the University of Arizona and remanded in an action brought under Title IX by an individual. Orlando Bradford, who was attending the University on a football scholarship, repeatedly and violently assaulted the individual. At the time of the assault, university officials knew that Bradford had repeatedly and violently assaulted two other female undergraduates the previous year. The individual presented sufficient evidence to support a finding that the university acted with deliberate indifference. Reversed.
Court: 9th Circuit, Judge: Fletcher, Filed On: September 25, 2023, Case #: 20-15568, Categories: Education
J. Fletcher finds that the district court properly dismissed a class claim against two individuals and vacated the dismissal as to claims involving another individual in a matter in which the class alleges that a graphics card manufacturer knowingly made misleading and false statements regarding the impact of cryptocurrency sales on its financial performance "to conceal the extent to which NVIDIA’s revenue growth depended on the notoriously volatile demand for cryptocurrency." Class members alleged that the three individual defendants had actual knowledge that increases in demand for the manufacturer's gaming-segment products were largely driven by crypto-related sales. Affirmed in part.
Court: 9th Circuit, Judge: Fletcher, Filed On: August 25, 2023, Case #: 21-15604, Categories: Securities, Technology
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Fletcher denies the City and County of San Francisco’s petition for review of a final order of the U.S. Environmental Protection Agency (EPA) denying review of San Francisco’s federal National Pollutant Discharge Elimination System permit for its Oceanside combined sewer system and wastewater treatment facility. The EPA had authority under the Clean Water Act to include certain general narrative prohibitions.
Court: 9th Circuit, Judge: Fletcher, Filed On: July 31, 2023, Case #: 21-70282, Categories: Environment
J. Fletcher finds that the district court properly denied preliminary injunctive relief to companies engaged in consumer debt collection in their action challenging Nevada Senate Bill 248 (SB 248), which requires debt collectors to provide written notification to debtors 60 days before taking any action to collect a medical debt. The companies alleged that S.B. 248 is unconstitutionally vague. The companies did not show a likelihood of success on the merits. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: June 15, 2023, Case #: 22-15352, Categories: Constitution, Debt Collection
J. Fletcher finds that the district court properly entered an order as part of a civil forfeiture suit brought by the United States against a $380 million arbitration award fund, the majority of which is held in the United Kingdom. The fund belongs to PetroSaudi Oil Services (Venezuela) Ltd., a Barbados based private oil company. PetroSaudi won the award in an arbitration proceeding against Petroleos de Venezuela, S.A., a Venezuelan state energy company. The Government sought forfeiture of the fund on the ground that it derived from proceeds of an illegal scheme to steal one billion dollars from the Malaysian sovereign wealth fund. The district court has jurisdiction over the arbitration award fund. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: June 13, 2023, Case #: 21-56228, Categories: Arbitration, Energy