A proposed class action accusing Hilton Worldwide Inc. of eavesdropping on customer service calls has been transferred back to a lower court by federal appeals judges, who criticized the trial judge and Hilton’s counsel for inattention or intentional omission.

A divided panel of the U.S. Court of Appeals for the Ninth Circuit on March 20 sent Rick Young v. Hilton Worldwide Inc. , back to the U.S. District Court for the Central District of California, where Judge Manuel Real had dismissed the complaint in February without hearing oral arguments.

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