U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

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Twelve former NFL players and one widow have had the dismissal of their case against their former teams affirmed by the Ninth Circuit Court of Appeals.

After all that has come to light in the CTE fallout, the case probably would have at least been illuminating, if not impactful. The former players were alleging a civil conspiracy, under RICO, that the teams were overmedicating the players, without providing the players with adequate information about the consequences, which cut-short their careers. Unfortunately for the former players and one widow, as the Ninth Circuit affirmed, the case was filed after the expiration of the statute of limitations.

In the latest lawsuit related to the recent Catholic priest sexual abuse scandals, the Vatican and Bay Area archdioceses will now have to reply to a lawsuit filed in federal court in San Francisco.

That case is making headlines due to the big allegations including hundreds of priests who are alleged to have sexually assaulted children. The case also comes on the heels of another significant Catholic priest sexual abuse case filed in the Los Angeles Superior Court earlier this month against nearly every archdioceses in the state.

Facebook Sued Over Video Numbers -- Again

Facebook grossly overstated the amount of time viewers watched videos on its platform, according to a new lawsuit.

It reportedly did not relate directly to paid advertisements, but could have misled companies into thinking Facebook was holding on to viewers longer than it was. The complaint says the social media company actually admitted it.

If you think you've seen this movie before, that's because you have. The plaintiffs are suing Facebook again.

Court Revives NFL Players' Suit Over Painkillers

A federal appeals court revived a lawsuit that alleges the NFL gave players painkillers to make them play hurt, often causing long-term injuries.

In Dent v. National Football League, the U.S. Ninth Circuit Court of Appeals reversed a trial court that had dismissed the case. The appeals panel said the NFL had a duty to comply with the law when handing out pain medications.

The ruling opens the door to more than 1,000 retired athletes. For them, it's a whole new ball game.

Judge Dismisses Case Against Chevron for Allegedly Aiding Terrorists

Aiding and abetting go together. Terrorism and kickbacks, not so much.

Together, they added up to no liability in Brill v. Chevron Corporation. A federal judge said the lawsuit did not link kickbacks from Chervon to Saddam Hussein to the plaintiffs' injuries.

The judge said there was "compelling evidence" the oil company paid illegal kickbacks to Iraq for cheap oil, but it was not the same as supporting terrorism.

The massive Volkswagen not-actually-clean diesel scandal seems to be winding down, at least in terms of legal action in the U.S. While the most recent settlement was approved by the Northern District Court of California, there were still a few hurdles to clear (namely objections to the approved settlement).

The Ninth Circuit Court of Appeals rejected the objections and has approved the settlement, leaving practically no roadblocks between bamboozled consumers and the eventual payday from the German automaker. The $10 billion settlement covers almost half a million vehicles. This settlement, when added to the tally of other U.S. settlements, brings the total damages VW agreed to pay up to around $25 billion.

The Ninth Circuit Court of Appeals has just granted Facebook a brief reprieve from an "embarrassing" upcoming class action trial where they are accused of illegally harvesting biometric "faceprint" data. The appellate court did so by granting a stay of the proceedings pending resolution of an appeal of the class certification.

The case involves Facebook's alleged violation of the Illinois Biometric Information Privacy Act. And, according to Facebook's recent filings, it fought hard to get around the district court judge's order that the social media company contact all affected class members via Facebook. The social media giant claims that doing so would cause irreparable reputational damage and embarrassment.

Ninth Circuit Finds Consumer Standing in ESPN Privacy Case

In football, a quarterback usually scores through others -- like a running back who takes a handoff and runs the ball into the end zone.

Chad Eichenberger might feel a little like a quarterback in his case against ESPN. He sued the sports channel for invasion of privacy when it disclosed his video preferences to an analytics service.

A judge dismissed the case, and a federal appeals court affirmed, because nobody could actually identify him from the disclosure. But Eichenberger did have standing to sue, the U.S. Ninth Circuit Court of Appeals said, and that set up the play for the next plaintiff -- like a handoff.

Thomas Robbins filed a class action lawsuit against Spokeo back in 2011, but his case has not made it very far due to being held up on appeals. Robbins v. Spokeo even made it all the way up to the Supreme Court last year, before being sent back to the Ninth Circuit again for further analysis.

Now, the Ninth Circuit has finished that further analysis and issued their opinion, sending the case back to the lower district court to proceed on the merits. Despite being over half a decade old at this point, the class action component of the case has not even begun.

Will Anti-Abortion Activist Out People in Fetal Tissue Research?

An anti-abortion activist may have short-lived success against the University of Washington's Birth Defects Research Laboratory following an appeals court decision.

David Daleiden, notoriously famous for releasing undercover videos of Planned Parenthood facilities, demanded the university produce documents about the purchase of fetal tissue, organs, and cells. A trial judge blocked his request after anonymous plaintiffs sued to protect their identifying information.

The U.S. Ninth Circuit Court of Appeals reversed that order in Doe v. University of Washington, but remanded the case for the trial judge to make more specific findings about how releasing the information could harm the plaintiffs. It may not take much.