What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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Indirect Purchaser Class v. Panasonic Corp.

Dockets: 17-15065, 17-15067, 17-15143

Opinion Date: May 15, 2020

Judge: Morgan Christen

Areas of Law: Class Action, Legal Ethics

The Ninth Circuit vacated the district court's award of attorneys' fees and litigation expenses to class counsel, following approval of two rounds of settlements in consumer class action litigation. The litigation stemmed from claims of civil antitrust violations based on price-fixing within the optical disk drive industry. The panel held that it has jurisdiction under 28 U.S.C. 1291. In a separately filed memorandum disposition, the panel affirmed the district court's approval of the first- and second-round settlements. Here, the panel vacated the awards of fees and litigation expenses, holding that when class counsel secures appointment as interim lead counsel by proposing a fee structure in a competitive bidding process, that bid becomes the starting point for determining a reasonable fee. The district court may adjust fees upward or downward depending on circumstances not contemplated at the time of the bid, but the district court must provide an adequate explanation for any variance. In this case, class counsel argues that an upward departure from its bid was warranted in part because it did not anticipate the need to litigate a second class certification motion or interlocutory appeals. Without more, the panel held that these factors are insufficient to justify a variance of the magnitude approved in the first- and second-round fee awards. Accordingly, the panel remanded for a more complete explanation of the district court's reasoning.

Lona v. Barr

Docket: 17-70329

Opinion Date: May 15, 2020

Judge: Consuelo Maria Callahan

Areas of Law: Immigration Law

The Ninth Circuit denied a petition for review of the BIA's decision affirming the denial of petitioner's motion for reconsideration. The panel's review for legal or constitutional error under Bonilla v. Lynch, 840 F.3d 575 (9th Cir. 2016), does not encompass alleged inconsistencies between the BIA's grants or denials of discretionary relief. Rather, the panel looked to whether the particular decision at issue involved legal error. In this case, the panel held that the BIA's denial of equitable tolling was not unreasonable; notwithstanding the BIA's precedent regarding fundamental changes in the law, the BIA's denial of sua sponte reconsideration here was not premised on legal or constitutional error; and petitioner's "settled course" argument is barred by the panel's general rule that it lacks jurisdiction to review claims "that the BIA should have exercised its sua sponte power" in a given case.