Silva v. CreditNinja Lending, LLC, et al. — 9th Cir. (Oct 30, 2026)
The Ninth Circuit considers whether a consumer class action against the CreditNinja companies belongs in federal or state court. The plaintiff sued in California state court, seeking restitution, or money returned, and a public injunction aimed at protecting the public. The companies moved the suit to federal court, but the district judge sent it back to state court. Two different legal obstacles matter. Federal equitable rules can bar restitution when an ordinary damages remedy would adequately address the injury. That adequate-remedy-at-law objection can be waived by the defendant; it is not the same as the federal court's basic power to hear a case. But the trial judge also found the plaintiff lacked standing to pursue the public injunction, a separate obstacle that waiver does not automatically resolve. The lawyers will debate whether the money claim can stay in federal court while the request for an injunction goes elsewhere, and whether a single claim can be split between two courts.
Silva v. CreditNinja Lending, LLC, et al. (No. 25-2165) — U.S. Court of Appeals for the Ninth Circuit, argued October 30, 2026.
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