Via Richard Winger comes a link to this order of the trial court in the Washington State Grange case on remand from the U.S. Supreme Court and the 9th circuit. (More here.)
I don’t think Richard is correct (in his headline) that this order necessarily means there will be a trial on the voter confusion issues. (The court, in my view correctly, dismissed the ballot access and trademark claims brought in the case.) Following a motion to dismiss, it is possible that these issues could be resolved in a summary judgment proceeding. That is, at this motion to dismiss stage, the court did not consider any evidence on the question of voter confusion caused by the top two primary. It just determined that the issue was properly before the court on remand, and the case may go forward.
Disclosure: I’ve served as a consultant for various ballot measure efforts in California to get a top two system on the ballot.