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