Law360, New York (July 22, 2013, 5:05 PM EDT) -- Capital One Bank (USA) NA can't lodge an early appeal with the Ninth Circuit to sink class claims that it illegally recorded customer phone calls, a California federal judge said Thursday, ruling legal questions underpinning the suit don't call for appellate clarity.
U.S. District Judge Dale S. Fischer nixed the bank's request for an interlocutory appeal of his June opinion denying it summary judgment, unpersuaded by claims that his decision rested on disputed legal conclusions.
Specifically, the bank said that Judge Fischer had ignored evidence that...
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