Appellate Law News and Insights

This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. CDK GLOBAL LLC v. BRNOVICH The Court holds that plaintiffs were unlikely to succeed in showing that...

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The United States Court of Appeals for the Fifth Circuit recently affirmed a lower court's dismissal in a suit in which a customer of a bank challenged the bank's overdraft charge practices. See Johnson v. BOKF Nat'l Ass'n, 15 F.4th 356 (5th Cir. 2021). Plaintiff Sharonda Johnson, who holds a checking account...

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For nearly two decades, the question of whether a formal demand on a company's board of directors was required before a stockholder could pursue derivative litigation on behalf of a corporation was governed by two tests under Delaware law. Where the derivative claims challenged an affirmative decision by the board...

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