UC Irvine School of Law will host the Ninth Circuit Court of Appeals, which will hear oral arguments on three cases:
#11-15263: Carrea v. Dreyer's Grand Ice Cream, Inc.
Mirko Carrea, on behalf of himself and those similarly situated “Plaintiffs”, appeals the district court’s dismissal of plaintiffs’ diversity action brought against Dreyer’s Grand Ice Cream, Inc. and Nestle USA, alleging violations of California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and New York Business Law § 349. Plaintiffs alleged that Dreyer's made misleading and deceptive statements that its ice cream products were nutritious and healthy, when they actually contain partially hydrogenated oil and high levels of fat.
#11-55395: Marsh v. County of San Diego
Brenda Marsh appeals from the district court's summary judgment in her action alleging that former deputy district attorney Jay Coulter illegally copied and distributed copies of her son's autopsy photographs in violation of California Code of Civil Procedure §129 and her right to privacy under state and federal law. The photographs were used in the prosecution of Marsh's then-boyfriend for murder. Coulter also distributed one of the photographs to reporters after he retired.
#11-55016: Makaeff v. Trump Univ., LLC
Tarla Makaeff, on behalf of herself and all others similarly situated, appeals the district court’s denial of her California Code of Civil Procedure § 425.16 anti-SLAPP motion to strike defendant Trump University, LLC’s counterclaim, and its order denying her Fed. R. Civ. P. 60(b) motion for reconsideration. Makaeff filed a diversity class action complaint, pursuant to the Class Action Fairness Act, against Trump University, alleging it engaged in deceptive business practices, and Trump filed a counterclaim for defamation per se. Makaeff brought her anti-SLAPP motion to strike, alleging that Trump University’s motive in filing the counterclaim was to retaliate against her for her exercise of free speech and to intimidate her into dropping her lawsuit. The district court held that Makaeff met her burden of establishing that the defamation claim arose out of protected First Amendment activity, but Trump University met its burden of establishing a reasonable probability that it will succeed on the merits of its defamation claim.
About the Judges (PDF)
9th Circuit News Release (PDF)
The proceedings are open to the public. Due to limited seating in the Robinson Courtroom, there will be overflow seating in nearby lecture halls for viewing a simulcast of the hearings. There will be security checks with hand-wand magnetometers at the courtroom entrance; please do not bring bags, cell phones or computers into the courtroom.