Date and Time
Thursday, March 4, 2010 at 10 a.m.
Warren Auditorium at Mother Rosalie Hill Hall
FREE (reservations required)
All available seating for this event has been filled.
A three-judge panel will hear appeals of decisions from the U.S. District Court for the Southern District of California. After the hearing, the judges will stay to answer general questions from students and audience members.
The Honorable Sidney R. Thomas
The Honorable Michael Daly Hawkins
The Honorable M. Margaret McKeown
Comiskey v. Avis Budget Group – Thomas Comiskey and other individuals appeal from the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their complaint filed against Secretary of Business Dale Bonner and a number of passenger rental car companies operating at one or more California airport locations. Plaintiffs challenged the constitutionality of the Passenger Car Rental Industry Tourism Assessment Program, Cal. Gov. Code §§ 13995 et seq., which permits rental companies to charge out-of-state travelers an assessment separately from the base rate.
Shames v. The Hertz Corp. – Michael Shames and Gary Gramkow appeal the district court's order dismissing their claims against the California Travel and Tourism Commission (CTTC) in their putative class action alleging (1) a conspiracy to fix prices of airport rental cars in violation of § 1 of the Sherman Act and §§ 4 and 16 of the Clayton Act and (2) violations of California's Bagley-Keene Open Meeting Act. The District court entered judgment under Fed. R. Civ. P. 54(b). The CTTC is a California nonprofit mutual benefit corporation created by the California Tourism Marketing Act.
FTC v. Neovi, Inc. – Neovi, Inc. dba Qchex and others ("Qchex") appeal the district court's order entering a permanent injunction and granting partial summary judgment in favor of the Federal Trade Commission in the FTC's action alleging that Qchex violated § 5 of the FTC Act through its operation of a service that created and delivered checks. The district court enjoined Qchex from operating its check service unless it implemented an appropriate verification procedure to assure that each user of Qchex's service was authorized to withdraw funds from the bank account designated by that user. The injunction also required Qchex to disgorge $535,000.
Please arrive early. Doors to the courtroom will open by 9:30 a.m.
• University ID or other photo ID is required.
• Each person entering must go through security.
• No cameras, backpacks, purses, bags, laptops, or electronic equipment allowed (except cellphones, which must be turned OFF). There will not be a secured storage area for your belongings, so please make your own arrangements.
• No books, magazines; legal pad and pen/pencil are okay.
• Audience members may only enter or exit when the Court is not on the bench.
• Please maintain silence while the Court is in session.
• Please note that no food or drink will be allowed inside the courtroom.
• At the end of the final argument, the judges will be available to answer general questions from audience members. While judges are prohibited from answering questions about pending cases, they can discuss Court operations and the decision-making process.
Appropriate attire for counsel would be conservative business dress in traditional dark colors. For law students, suitable attire would be slacks/khakis, modest skirts with long or short-sleeved shirt, blouse, polo/golf shirt. Please do not display buttons. No T-shirts with slogans or pictures, shorts, tank tops, hats or caps, or sunglasses.
Please give full attention to the bench as this is an actual court session and is being recorded for the court's use. Out of respect for the court and counsel, please keep movement in and out to a minimum and refrain from any conversations during oral arguments.