San Diego partner Patrick Kearns and associate Sarena Kustic obtained affirmance of the District Court’s dismissal before the Ninth Circuit Court of Appeals on behalf of the firm’s national airline client. The underlying case involved three plaintiffs who alleged seven causes of action under various federal antidiscrimination laws and state negligence statutes, making a total of 29 counts filed against the airline. After winning three consecutive motions to dismiss, under Rule 12(b)(6), effectively cutting the plaintiffs’ claims down to only two counts for race discrimination and five counts for negligence, Patrick and Sarena successfully moved to dismiss the plaintiffs’ fourth amended complaint, earning a dismissal with prejudice. On appeal, the team highlighted the appellants’ repeated failure to cure their defective pleadings, as well as their improper assertion of new facts and legal theories never raised before the District Court. Patrick and Sarena also pointed to concessions the appellants made before the District Court and argued that judicial estoppel precluded the appellants from subsequently asserting inconsistent positions on the same issue.