United States Ninth Circuit

In this putative class action alleging violations of federal and state law in the sale of annuities, summary judgment was granted in favor of defendant but the district court declined to award costs to the prevailing party. Summary judgment is affirmed, but the denial of costs is vacated and remanded for the district court to either award costs or explain its refusal, where: 1) with regard to the Racketeer Influenced and Corrupt Organizations Act claim, plaintiff failed to establish any actionable predicate acts in alleged fraudulent schemes concerning the promise of premium bonuses, the application of the annuity's market value adjustment, or the circumvention of state nonforfeiture laws; and 2) the district court declined to award costs without explanation.

Appellate Information

• Decided 02/24/2015
• Published 02/24/2015

Judges

• Hurwitz

Court

• United States Ninth Circuit

Counsel