Adam Sorensen on Jurisdiction

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title...more

9/12/2022 / Adverse Employment Action , Class Action , Class Members , Employer Liability Issues , Employment Discrimination , First Amendment , Interlocutory Appeals , Jurisdiction , Opt-Outs , Title IX

This Week at the Ninth: Signal Piracy and Supplemental Jurisdiction

This week, the Ninth Circuit examines the requirements for signal piracy liability under the Cable Communications Policy Act and Communications Act, and explains when courts must give notice before dismissing a state law...more

8/26/2022 / Americans with Disabilities Act (ADA) , Burden of Production , Jurisdiction , State Law Claims , Subject Matter Jurisdiction , Supplemental Jurisdiction , Unruh Civil Rights Act

This Week at The Ninth: Short Sales and Ripeness

This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. ...more

3/4/2022 / Chapter 7 , Constitutional Challenges , First Amendment , IRS , Jurisdiction , Mortgage Interest , Short Sales , State Attorneys General , Twitter

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE...more

2/14/2022 / Article III , Credit Reports , Fair Credit Reporting Act (FCRA) , First Amendment , Jurisdiction , Public Employees , Standing , Unions

This Week at the Ninth: Wait Until Next Time

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more

1/24/2022 / Appellate Courts , Burden of Proof , Collateral Order Doctrine , Federal Contractors , Jurisdiction , Sovereign Immunity , State Sovereignty

This Week at the Ninth: Tribal Disputes and Interstate Mushrooms

This week, the Ninth Circuit explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate...more

12/31/2021 / Arbitration , Federal Arbitration Act , Interstate Commerce , Jurisdiction , Subject Matter Jurisdiction , Tribal Lands

This Week at the Ninth: Title VII and Discretionary Jurisdiction

This week, the Ninth Circuit explores what constitutes a hostile work environment and unravels a tricky jurisdictional puzzle that arises when a defendant brings a conditional counterclaim in an action for declaratory relief....more

11/22/2021 / Employer Liability Issues , Forum Shopping , Harassment , Hostile Environment , Jurisdiction , Sexual Harassment , Title VII

This Week at the Ninth: Sovereign Immunity and Plausible Defamation

This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State...more

11/12/2021 / Collateral Order Doctrine , Defamation , Foreign Sovereign Immunities Act of 1976 (FSIA) , Foreign Sovereigns , Jurisdiction , Sovereign Immunity , Standard of Review

This Week at the Ninth: Arbitration and Declarations

This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments...more

5/21/2021 / Arbitration Agreements , Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Jurisdiction , Wage and Hour , Withholding Tax

Adam Sorensen

Morrison & Foerster LLP

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