DAVIDSON v. KIMBERLY-CLARK CORP.

No. 15-16173.

889 F.3d 956 (2018)

Jennifer DAVIDSON, an individual on behalf of herself, the general public and those similarly situated, Plaintiff-Appellant, v. KIMBERLY-CLARK CORPORATION; Kimberly-Clark Worldwide, Inc.; Kimberly-Clark Global Sales, LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2017.

Amended May 9, 2018.


Attorney(s) appearing for the Case

Matthew T. McCrary , (argued), Kristen G. Simplicio , Seth A. Safier , and Adam J. Gutride , Gutride Safier LLP, San Francisco, California, for Plaintiff-Appellant.

Constantine L. Trela, Jr . (argued), Sidley Austin LLP, Chicago, Illinois; Michelle Goodman , and Amy Lally , Sidley Austin LLP, Los Angeles, California; Naomi Igra , Sidley Austin LLP, San Francisco, California; William R. Levi , Eamon P. Joyce , and Kwaku A. Akowuah , Sidley Austin LLP, Washington, D.C.; for Defendants-Appellees.

Anton Metlitsky , O'Melveny & Myers LLP, New York, New York; Deanna M. Rice , O'Melveny & Myers LLP, Washington, D.C.; Janet Galeria and Warren Postman , U.S. Chamber Litigation Center Inc., Washington, D.C.; Leland P. Frost , Quentin Riegel , and Linda E. Kelly , Manufacturers' Center for Legal Action, Washington, D.C.; Karin F.R. Moore , Grocery Manufacturers Association, Washington, D.C.; for Amici Curiae Chamber of Commerce of the United States of America, National Association of Manufacturers, and Grocery Manufacturers Association.

Concurrence by Judge Berzon.


ORDER AND AMENDED OPINION

ORDER

The opinion and concurrence filed October 20, 2017, and appearing at 873 F.3d 1103, is hereby amended. An amended opinion and concurrence is filed herewith. Judges Berzon and Murguia have voted to deny the petition for rehearing en banc...

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