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Labor/Employment,
9th U.S. Circuit Court of Appeals

Oct. 28, 2022

Full 9th Circuit will rehear suit over diversity of Gap’s board

The plaintiffs argued that en banc review was needed because the panel’s decision conflicts with a 7th U.S. Circuit Court of Appeals ruling in a shareholder lawsuit against The Boeing Co.’s board of directors.

The 9th U.S. Circuit Court of Appeals vacated a three-judge panel’s ruling dismissing a shareholder lawsuit accusing Gap Inc.’s board of directors of failing to create “meaningful diversity” in the company’s leadership and making false statements about it.

The appellate court will reconsider the case en banc, Chief Judge Mary H. Murguia wrote in an order this week. Lee v. Fisher et al., 21-15923 (9th Circ., filed May 27, 2021).

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