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Bridget Ward v. Crow Vote, LLC
22-56108
9th Cir.
May 17, 2024
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Background

  • Plaintiffs Bridget and Lisa Ward sued Crow Vote, LLC, relating to the operation of the Favorite Chef Competition.
  • The Wards contended that the contest amounted to unlawful gambling under Arizona law and sought relief under RICO and California’s Unfair Competition Law (UCL).
  • The district court granted summary judgment to Crow Vote on all claims, denied class certification, and denied the Wards leave to amend their complaint.
  • The Wards appealed, challenging the summary judgment ruling, the denial of class certification, and the refusal to allow amendment.
  • The Ninth Circuit reviewed the summary judgment de novo and the latter two orders for abuse of discretion.
  • The appeals court affirmed all district court decisions, finding the contest was not unlawful gambling and amendment would be futile.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
RICO/UCL Predicate Crow Vote ran illegal gambling as the predicate for RICO and UCL claims The competition was not gambling; voters got no benefit or share of prizes No predicate offense, summary judgment affirmed
Class Certification Class certification should be granted No remaining viable claims; class certification is moot Denied as moot after summary judgment
Leave to Amend Sought to amend complaint to add unjust enrichment claim Amendment would be futile; transaction was fair exchange Denied; amendment futile under Arizona law

Key Cases Cited

  • In re Oracle Corp. Sec. Litig., 627 F.3d 376 (9th Cir. 2010) (sets standard for reviewing summary judgment de novo)
  • Parra v. Bashas’, Inc., 536 F.3d 975 (9th Cir. 2008) (addresses abuse of discretion standard for class certification denial)
  • Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025 (9th Cir. 2008) (sets standard for review of denial of leave to amend)
  • Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353 (9th Cir. 2005) (explains requirement of predicate offense for RICO)
Read the full case

Case Details

Case Name: Bridget Ward v. Crow Vote, LLC
Court Name: Court of Appeals for the Ninth Circuit
Date Published: May 17, 2024
Citation: 22-56108
Docket Number: 22-56108
Court Abbreviation: 9th Cir.