9th Circuit Court of Appeals News

Appeals Court Blocks California Warning Labels for Glyphosate Weedkillers

A divided federal appeals court on Tuesday said California cannot require businesses to warn consumers about the potential dangers of glyphosate, an ingredient in Roundup weedkiller that has been linked to cancer. Upholding a permanent injunction, the 9th U.S. Circuit …

9th Circuit Overturns Jury Verdict in Favor of Defense in Fatal Tour Bus Crash

A federal appellate court on Friday overturned a take-nothing jury verdict in favor of a tour bus company whose driver was accused of causing a deadly head-on collision on an Arizona highway. In a 2-1 decision, a panel of the …

AK Supreme Asked Whether Pollution Exclusion Applies to Carbon Monoxide Death

A federal appellate court is asking the Alaska Supreme Court to decide whether the pollution exclusion in a homeowner’s insurance policy bars recovery for the death of a 17-year-old boy who was poisoned by carbon monoxide emitted by an improperly …

Insurer’s Failure to Cancel Motor Carrier’s Insurance Certificate Did Not Continue Coverage

Coverage from a commercial auto policy does not remain in effect after the policy’s expiration date merely because the insurer failed to give proper notice to the Department of Motor Vehicles that it was canceling a certificate of insurance, the …

Another COVID-19 Business-Interruption Question Goes to Calif. Supreme Court

A federal appellate court is again asking the California Supreme Court to resolve a question about insurance coverage for COVID-19 business shutdowns — this time only on a narrow issue about a virus exclusion. A panel of the 9th Circuit …

9th Circuit Allows Plaintiffs Who Won $6M Verdict Against Walmart to Sue for More

The 9th Circuit Court of Appeals on Thursday revived a whistleblower lawsuit against Walmart Stores that alleges the retailer violated California labor laws by failing to pay employees for the time they spent waiting at security checkpoints after clocking out. …

9th Circuit: Judge Overstepped Role by Throwing Out Fire Investigator’s Report

A federal appellate court on Wednesday revived a lawsuit against the owners of an Idaho wilderness resort, finding that a district court judge overstepped his bounds by excluding testimony from a fire investigator. A panel of the Ninth Circuit Court …

Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation

At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one …

9th Circuit Rejects COVID Business Interruption Suit; Doesn’t Address Physical Presence Question

The 9th Circuit Court of Appeals ruled Friday that government orders that forced a business to shut its doors because of the COVID-19 pandemic did not cause a direct physical loss that was covered by its insurance policy. The decision …

Judge Upholds Dismissal of Case Against Resort Developer

HELENA, Mont. (AP) — A U.S. bankruptcy judge has upheld court decisions that the state of Montana lacked legal standing to file an involuntary bankruptcy petition nearly a decade ago against Yellowstone Club co-founder Tim Blixseth. Judge Mike N. Nakagawa …