October 4, 2007 Ninth Circuit decisions
On October 4, 2007, the Ninth Circuit issued four published opinions.
In Lingenfelter v. Astrue, the Ninth Circuit reversed a decision denying SSI benefits, as the ALJ failed to give clear and convincing reasons for finding the applicant’s testimony regarding pain and symptoms not credible. AS a result, substantial evidence does not support the administrative decision.
In Friends of Pinto Creek v. EPA, the Ninth Circuit vacated the issuance of a permit to discharge mining-related copper into Arizona’s Pinto Creek. The Court found the EPA had not properly interpreted requirements for a new discharger.
In Betz v. Trainer, the Ninth Circuit held there was a material issue of fact regarding whether Betz’s securities fraud claim was timed barred. There is an issue of fact regarding whether Betz had actual or inquiry notice of scienter.
In Montalvo v. Spirit Airlines, in fourteen consolidated appeals concerning the failure of airlines to warn of the risks of deep vein thrombosis, the Ninth Circuit held that the Federal aviation Act of 1958 preempted state law failure to warn standards of care. However, the record is insufficient for the Court to determine whether the Act preempts the unsafe seating claims, and so the cause is remanded for development of the record. The airlines claim that reconfiguration would reduce the number of seats, requiring a higher ticket price, and thus, would indirectly regulate airfares.
