GOLDMAN v. BAYER AG (2018)

United States Court of Appeals, Ninth Circuit.

Daniel GOLDMAN, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. BAYER AG; et al., Defendants-Appellees.

No. 17-16697

Decided: November 15, 2018

Before: THOMAS, Chief Judge, GRABER, Circuit Judge, and KOBAYASHI,** District Judge.

Rachele R. Byrd, Attorney, Matthew M. Guiney, Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY, for Plaintiff-Appellant Ryan M. Sandrock, Attorney, Sidley Austin LLP, San Francisco, CA, for Defendant-Appellee Bayer AG Ryan M. Sandrock, Attorney, Sidley Austin LLP, San Francisco, CA, Jonathan F. Cohn, Esquire, Attorney, Joshua J. Fougere, Sidley Austin LLP, Washington, DC, for Defendants-Appellees Bayer Corporation, Bayer Healthcare, LLC Hunter Landerholm, Deputy Attorney General, AGCA - Office of the California Attorney General, San Francisco, CA, for Amicus Curiae State of California

MEMORANDUM ***

Daniel Goldman appeals the district court’s dismissal of his complaint for failure to state a claim upon which relief can be granted. We have jurisdiction under 28 U.S.C. § 1291, and we review de novo, Kwan v. SanMedica Int’l, 854 F.3d 1088, 1093 (9th Cir. 2017).

Following the entry of the dispositive order by the district court, the California Court of Appeal issued a decision in Brady v. Bayer Corp., 26 Cal.App.5th 1156, 237 Cal.Rptr.3d 683 (2018), which constitutes new relevant authority on the state law issues raised in the complaint. We therefore vacate the order of dismissal and remand this case to the district court to reconsider the dismissal in light of Brady.

We do not prejudge the outcome of that inquiry, nor do we decide any other issue raised by the parties in this appeal.

VACATED AND REMANDED. Each party to bear it’s own cost on appeal.

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