This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more
12/5/2022
/ Commercial Truck Drivers ,
Dismissals ,
Due Process ,
Employment Litigation ,
Equal Protection ,
Failure To State A Claim ,
FMCSA ,
Fourteenth Amendment ,
Governor Newsom ,
Motor Carrier Act ,
Political Candidates ,
Preemption ,
Rest and Meal Break ,
Retroactivity ,
State Constitutions ,
State Elections ,
Teamsters ,
Trucking Industry
This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more
9/20/2020
/ Appeals ,
Appellate Courts ,
Article III ,
Board of Directors ,
Confidentiality Policies ,
Corporate Executives ,
Dismissals ,
First Amendment ,
Health Care Providers ,
Injury-in-Fact ,
Janus v AFSCME ,
Non-Union ,
Reaffirmation ,
Reversal ,
Special Committees ,
State Action Doctrine ,
Tribal Corporations ,
Union Dues
This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more
8/6/2020
/ Appeals ,
Appellate Courts ,
Collateral Order Doctrine ,
Dismissals ,
False Claims Act (FCA) ,
Federal Rules of Appellate Procedure ,
Lack of Jurisdiction ,
Motion for Reconsideration ,
Motion to Dismiss ,
Notice of Appeal ,
Qualified Immunity ,
Summary Judgment ,
Tolling