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Emerson v. Northern Trust Corporation — 9th Cir. (Oct 28, 2026)

No. 25-2694 Argued October 28, 2026 Published October 29, 2026

The Ninth Circuit hears a dispute over the fees a bank charges for managing a family trust. Chandler Emerson is a beneficiary of a trust managed by Northern Trust. The bank charges an administration fee and a separate fee for preparing the trust's tax returns. Emerson says the tax work is largely standardized and computerized, and that the charges are excessive. Northern Trust says those fees cover year-round tax services, not merely filling out returns. Emerson sued and sought to represent others with similar claims in a class action. The district court refused class certification and later granted summary judgment to Northern Trust on her remaining individual claims. Summary judgment decides a claim without a trial when no genuine dispute over a fact that matters to the outcome remains, and the law entitles one side to judgment. The appeal asks whether the evidence about reasonable fees required a trial, whether the claims could be pursued together, and how far back Emerson's claims may reach. Brian Malloy, for Emerson, will argue that the evidence creates factual disputes and supports treating the fee practice as a common issue. Ian Gershengorn, for Northern Trust, will defend the rulings and argue that reasonableness depends on each trust and the full services provided.

Emerson v. Northern Trust Corporation (No. 25-2694) — U.S. Court of Appeals for the Ninth Circuit, argued October 28, 2026.

Sources
Argument audio — official Ninth Circuit original, October 28, 2026:https://cdn.ca9.uscourts.gov/datastore/media/2026/10/28/25-2694.mp3
Case background and prior ruling — April 16, 2025 district-court order, Document 143; not the outcome of this appeal:https://s3.amazonaws.com/seak_members/production/34561/original/Emerson_v._NT_2025-04-16__DE_143__Order_Granting_Motion_for_Summary_Judgment.pdf?1752079197=
Earlier allegations and procedural history — November 15, 2023 district-court order; not current findings that the fees were excessive:https://app.midpage.ai/document/emerson-v-northern-trust-corporation-1000378215853
Appeal and counsel entries — public appellate docket:https://dockets.justia.com/docket/circuit-courts/ca9/25-2694
Summary judgment standard — Federal Rule of Civil Procedure 56(a):https://www.law.cornell.edu/rules/frcp/rule_56

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