Clean Energy Borrowers Ask Full 9th Circ. To Review Cert. Bid

By Clark Mindock (October 22, 2021, 6:52 PM EDT) -- A group of homeowners who allege they were misled before taking out clean energy loans want the full Ninth Circuit to review what they say was a panel's wrongful denial of class certification.

In Thursday's petition for rehearing en banc, the homeowners said the three-judge panel's initial decision "squarely conflicts" with the Ninth Circuit's own precedent guiding how proposed classes can assert reliance, including a decision that said it is enough for a proposed class to show that all members been exposed to the alleged misrepresentations.

The homeowners said they had provided proof showing they were all given uniform contracts by...

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