Sonner v. Premier Nutrition Corp.

Docket: 18-15890

Opinion Date: June 17, 2020

Judge: Bade

Areas of Law: Civil Procedure

The Ninth Circuit affirmed on different grounds the district court's dismissal of plaintiff's claims for restitution. Pursuant to Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), and Guaranty Trust Co. of New York v. York, 326 U.S. 99 (1945), the panel held that federal courts must apply equitable principles derived from federal common law to claims for equitable restitution under California's Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA). The panel held that the district court did not abuse its discretion in denying plaintiff leave to amend her complaint for a third time to reallege the CLRA damages claim. In this case, plaintiff failed to demonstrate that she lacked an adequate legal remedy.

Murray v. BEJ Minerals, LLC

Docket: 16-35506

Opinion Date: June 17, 2020

Judge: Sidney Runyan Thomas

Areas of Law: Real Estate & Property Law

The en banc court affirmed the district court's order granting summary judgment to plaintiffs and declaring them owners of dinosaur fossils discovered on their ranch. The Montana Supreme Court accepted the en banc court's certification request and answered the certified question, concluding that dinosaur fossils were not within the "ordinary and natural meaning" of "mineral" and, thus, belonged to the surface estate. In this case, because plaintiffs are the undisputed owners of the surface estate, the state court's decision requires a resolution in their favor.