Tucker v. Intel Corp.
Tucker v. Intel Corp.
Opinion of the Court
MEMORANDUM
Steven Tucker and Anita Laron O’Connell (hereinafter “Tucker”) brought a puta
After that decision, the district court dismissed with prejudice all the claims brought by the named plaintiffs.
Intel now appeals the dismissal of the uncertified class claims without prejudice, arguing that the district court erred when it ruled that those claims were not preempted by SLUSA.
We conclude that there is no case or controversy before us.
Intel would have us rule on the question whether state-law class claims are preempted when there is no party with standing to defend this appeal or pursue those claims and the class is not certified. Our opinion on the preemption issue would be advisory; the putative class action is now moot. We accordingly vacate the district court’s SLUSA ruling and its judgment on the putative class claims, and remand with instructions to dismiss the putative class claims as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36 (1950) (“The established practice of the Court in dealing with a civil case from a court in the federal system which has become moot while on its way here or pending our decision on the merits is to reverse or vacate the judgment below and remand with a direction to dismiss.”).
VACATED and REMANDED with instructions.
This disposition is not appropriate for publication and may not be cited to or by the courts
. All but one of Tucker’s claims were dismissed as time-barred and, after that ruling, Tucker moved to dismiss his remaining declaratory judgment claim as well, resulting in dismissal of all of his individual claims with prejudice.
. We review de novo issues related to standing and mootness. See Buono v. Norton, 371 F.3d 543, 546 (9th Cir. 2004); S. Or. Barter Fair v. Jackson County, 372 F.3d 1128, 1133 (9th Cir. 2004).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.