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Yount v. Whole Foods — 9th Cir. (Oct 28, 2026)

No. 26-6307 Argued October 28, 2026 Published October 29, 2026

A job applicant accuses Whole Foods of posting a job without pay information, but the appeal turns on which court can hear her lawsuit. She says she applied in good faith and lost valuable time because she could not evaluate the pay. Washington's Equal Pay and Opportunities Act requires covered employers to disclose pay information and a general description of benefits in job postings. Whole Foods moved her proposed class action from state to federal court under the federal Class Action Fairness Act. The district judge ordered remand, meaning a return to state court, because the complaint had not adequately alleged the concrete injury required by Article Three. Standing is the right to invoke a court's authority; in federal court, a statutory violation does not automatically establish the required personal harm. An informational injury is harm from missing information; the dispute is whether these allegations show concrete harm, not merely a failure to follow a disclosure rule. Stephanie Schuster, for Whole Foods, will argue that the missing disclosure and a good-faith job application establish the required injury and allow the case to stay in federal court.

Yount v. Whole Foods (No. 26-6307) — 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/2026/10/28/26-6307.mp3
Job application, complaint, removal and challenged remand — district Document 52, March 3, 2026:https://cases.justia.com/federal/district-courts/washington/wawdce/2%3A2024cv00534/334031/52/0.pdf
Pay-disclosure provision — RCW 49.58.110; the opinion describes the version governing this earlier posting:https://app.leg.wa.gov/RCW/default.aspx?cite=49.58.110
Remand for lack of federal jurisdiction — 28 U.S.C. § 1447(c):https://www.law.cornell.edu/uscode/text/28/1447
Class-action removal and discretionary appeal — 28 U.S.C. § 1453:https://www.law.cornell.edu/uscode/text/28/1453
Current appeal and counsel appearances — public docket:https://dockets.justia.com/docket/circuit-courts/ca9/26-6307

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