7 results for 'judge:"Mendoza"'.
J. Mendoza finds that the district court ruled improperly in part in a securities-fraud complaint against children's entertainment company Genius Brands International. The shareholders adequately pleaded that Genius fraudulently concealed its relationship with a stock promoter, as well as adequately pleaded loss causation with respect to claims that Genius misrepresented that Disney or Netflix would be acquiring the company. However, they did not adequately plead loss causation relating to Genius' alleged misrepresentations regarding its relationship with Arnold Schwarzenegger. Reversed in part.
Court: 9th Circuit, Judge: Mendoza, Filed On: April 5, 2024, Case #: 22-55760, Categories: Fraud, Securities
J. Mendoza vacates a sentence which was imposed at a previous resentencing and remands for resentencing. Defendant’s failure to challenge specific aspects of her initial sentence on a prior appeal does not waive her right to challenge comparable aspects of a newly imposed sentence. Defendant has twice been sentenced by the district court and twice appealed those sentences, stemming from her involvement in a money-laundering scheme. Vacated.
Court: 9th Circuit, Judge: Mendoza, Filed On: April 4, 2024, Case #: 22-50240, Categories: Fraud, Sentencing, Money Laundering
J. Mendoza finds that the district court improperly entered a decision to abstain from exercising jurisdiction over a matter challenging the City of Sacramento’s requirement that individuals applying for permits to operate storefront marijuana dispensaries within city limits be Sacramento residents. Abstention was improper under precedent of Louisiana Power & Light Co. v. City of Thibodaux because the lawsuit does not present a dispute between intra-governmental agencies or states, the city’s residency requirement is straightforward, and no party has articulated a sovereignty concern. Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: March 4, 2024, Case #: 22-16783, Categories: Municipal Law
J. Mendoza finds that the district court improperly dismissed an ERISA action brought by a surgery center which sought reimbursement from Anthem Blue Cross, an insurer and claims administrator, for the costs of medical services provided to patients. Under longstanding precedent, a healthcare provider has derivative authority to enforce ERISA’s protections if it has received a valid assignment of rights. The patients effectuated a valid assignment under the surgery center's “Assignment of Benefits.” Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: January 10, 2024, Case #: 22-55717, Categories: Erisa, Health Care, Insurance
J. Mendoza finds that the district court improperly denied an online cryptocurrency exchange company's motion to compel arbitration of claims brought by a class. The lead plaintiff of the class alleged that the cryptocurrency company did not investigate the unauthorized transfer of funds from his account. The company's user agreement included an arbitration agreement with a delegation provision, which delegated to the arbitrator any dispute arising out of the agreement. The lead plaintiff alleged that the delegation provision and the arbitration agreement were unenforceable. The district court improperly refused to enforce the delegation provision. Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: December 5, 2023, Case #: 22-15566, Categories: Arbitration, Class Action
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