Vindicating U.S. District Judge Charles Breyer — or perhaps taking cover behind him — the U.S. Court of Appeals for the Ninth Circuit the Ninth Circuit rejected a big antitrust suit against a half-dozen major banks over allegedly inflated ATM fees.

Repeatedly noting its agreement with Breyer on the issue, the Ninth Circuit ruled card holders did not have standing to sue because they did not pay the fees at issue directly.