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ALASKA RENT-A-CAR, INC. v. AVIS BUDGET GROUP, INC.

Nos. 10-35137, 10-35615.

709 F.3d 872 (2013)

ALASKA RENT-A-CAR, INC., Plaintiff-Appellee, v. AVIS BUDGET GROUP, INC., fka Cendant Corporation; Avis Budget Car Rental, LLC, fka Cendant Car Rental Group, Inc., fka Cendant Car Rental Group, LLC, Defendants-Appellants. Alaska Rent-A-Car, Inc., Plaintiff-Appellee, v. Avis Budget Group, Inc., fka Cendant Corporation; Avis Budget Car Rental, LLC, fka Cendant Car Rental Group, Inc., fka Cendant Car Rental Group, LLC, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2013.

Attorney(s) appearing for the Case

Christopher Landau (argued), Stephen S. Schwartz , Kirkland & Ellis LLP, Washington, D.C.; Howard S. Trickey , Matthew Singer , Jermain, Dunnagan & Owens, P.C., Anchorage, AK, for Appellants.

Susan Orlansky , Jeffrey M. Feldman , Feldman Orlansky & Sanders, Anchorage, AK, for Appellee.

Before: ANDREW J. KLEINFELD, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

KLEINFELD, Senior Circuit Judge:

Several state law questions arise in this appeal, and three federal law questions, whether expert testimony should have been excluded under Daubert1, whether disallowance of a peremptory challenge was Batson2 error and if so whether it was harmless, and whether Alaska "English Rule" attorneys fee awards3 may be awarded...

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