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U.S. Court of Appeals for the Ninth Circuit

Case Status

Decided

Docket Number

08-55825 & 08-55830

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Case Updates

Ninth Circuit denies petitioner’s petition en banc

January 11, 2010

U.S. Chamber files amicus brief on choice-of-law agreements

December 21, 2009

NCLC urged the Ninth Circuit to rehear a nationwide class action alleging DIRECTV sold satellite television receivers without warning customers they would incur additional fees. The Ninth Circuit ruled that DIRECTV’s customer contract, which bans customers from participating in class actions against the company, is not enforceable under California law. In its brief, NCLC argued that the decision invalidates the choice-of-law agreements for millions of non-California customers who signed DIRECTV’s customer agreement. NCLC warned that the decision opens the floodgates for class action lawsuits in California.

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