Los Angeles v. Kern, No. 07-56564 - U.S. Ninth Circuit
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Los Angeles v. Kern, No. 07-56564

In a dormant Commerce Clause action by recyclers challenging a local ordinance banning a particular method of waste disposal, summary judgment for plaintiffs is reversed in part with instructions to dismiss where the recyclers' injury was not even marginally related to the interests the Commerce Clause seeks to safeguard. The ruling is vacated and remanded in part where the circuit court's dismissal of the federal constitutional claim might materially alter the district court's decision to exercise supplemental jurisdiction over plaintiffs' preemption claim.

Read Los Angeles v. Kern, No. 07-56564

Appellate Information

Argued and Submitted March 2, 2009

Submission vacated March 19, 2009

Resubmitted September 9, 2009

Filed September 9, 2009

Judges

Opinion by Judge O'Scannlain

Counsel

For Appellants:

Steven L. Mayer, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA

Adam Polakoff, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA

For Appellees:

Thomas S. Hixon, Bingham McCutchen LLP, Los Angeles, CA

Marc R. Bruner, Bingham McCutchen LLP, Los Angeles, CA