Jan 21 2025
9th Cir. 1:15-cv-00321- Published

G.P.P., INC., doing business as Guardian Innovative Solutions v. GUARDIAN PROTECTION PRODUCTS, INC.; RPM WOOD FINISHES GROUP, INC

The Ninth Circuit affirmed a district court's award of over $4 million in attorney's fees to G.P.P., Inc. but reversed the denial of fees to RPM Wood Finishes Group regarding abandoned claims. The panel held that a plaintiff's failure to litigate claims does not constitute a voluntary dismissal under California law without clear, express notice to the court.

Dec 3 2024
9th Cir. 3:21-cv-01416- Published

Windy Cove, Inc. v. Circle K Stores Inc.

The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.