Articles Posted in U.S. Court of Appeals for the Ninth Circuit

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Plaintiffs filed a putative class action against defendants, a group of developers and their agents or affiliates, claiming that defendants' business practices violated California's Unfair Competition Law (UCL), Cal. Bus. & Prof. Code 17200 et seq. Plaintiffs specifically alleged that defendants failed to make certain disclosures as required by the Interstate Land Sales Full Disclosure Act (ILSA), 15 U.S.C. 1701 et seq. Although defendants concede that they failed to comply with the disclosure requirements, they raise certain affirmative defenses. The district court rejected defendants' claims and granted partial summary judgment for plaintiffs. In this interlocutory appeal, the court affirmed the judgment. The court concluded that, because the UCL's four-year statute of limitations and its accompanying accrual rules apply, the district court properly concluded that plaintiffs’ UCL claim is not time-barred; defendants failed to overcome the strong presumption against preemption, and ILSA’s three-year statute of limitations does not bar plaintiffs’ UCL claim; plaintiffs' units are "lots" and are therefore subject to ILSA's disclosure requirements; the Improved Lot Exemption does not extinguish plaintiffs’ claims; the text and interpretive history of the statute lead to the conclusion that the agency’s interpretation of “lot” is reasonable and entitled to Chevron deference; and the 2014 Amendment to ILSA does not retroactively apply to the present action where the amendment was a substantive change in the law. Accordingly, the court affirmed the judgment. View "Beaver v. Tarsadia Hotels" on Justia Law

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This appeal arose from a dispute over interests in mining claims originally owned by Guy Anderson and bequeathed to his six children upon his death. The court concluded that the district court did not abuse its discretion in allowing all defendants to be joined in a single partition action. In this case, the district court acted well within its discretion in concluding that a single partition action was the most expeditious way of resolving this dispute, and in allowing all defendants to be joined in that action. The court also concluded that the district court did not err when it granted summary judgment in favor of Cuprite and ordered partition by sale to Freeport; the district court properly concluded that partition by sale was more appropriate than partition in kind; and accepting the current offer or any better terms that could be had was a reasonable way for the district court to structure the partition sale, and does not violate any terms of the operative statute. Finally, the court concluded that, regardless of whether an Arizona state court would have been required to hold a trial, the district court correctly resolved the summary judgment motion according to the Federal Rules of Civil Procedure. Accordingly, the court affirmed the judgment. View "Cuprite Mine Partners v. Anderson" on Justia Law