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« "Welcome to Food Court" | Main | New Ninth Circuit CAFA opinion: Kuxhausen v. BMW Financial Services NA LLC »

Tuesday, March 12, 2013

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Comments

TK

It is binding precedent in all California federal courts though. So, even if you believe it is a misinterpretation of Dukes (which I don't), it is the law of the land now (at least this land where we work).

Kimberly A. Kralowec

I don't disagree that it will be cited as such in many cases, but the argument that it misinterpreted Dukes can still be advanced, which will undermine its value as a precedent over time. Also, given the loose language used in that paragraph, in many cases it will be distinguishable.

This blog is not a brief filed in a court. If I think that an opinion is wrongly decided, I will certainly point it out, especially if the opinion is a "binding precedent." There is little reason to point out errors in unpublished or non-precedential rulings.

Kimberly A. Kralowec

On September 3, 2013, the Ninth Circuit withdrew its opinion in this case and issued a new, modified opinion. The new opinion entirely omitted the paragraph on Dukes quoted above.

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