Ninth Circuit sends Alameda Books down for trial

Last Friday the Ninth Circuit Court of Appeals issued its latest opinion in a seemingly never-ending case, Alameda Books, Inc. v. City of Los Angeles. The district court erred by granting summary judgment to the bookstores, in part, because credibility questions swirled around the stores’ expert witnesses; the court of appeals reasoned that material facts based on such expert testimony should be vetted at trial.

A win for the city, but, then again, not a loss for the bookstores. A typical scorecard for this type of litigation.

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