This week, the Ninth Circuit considers the adequacy of a class representative and addresses the Fair Labor Standards Act’s overtime exceptions. KIM v. TINDER, INC. The Court holds that a named plaintiff bound by an...more
This week, the Ninth Circuit considers a plaintiff’s standing to challenge the use of voting machines and interprets a treaty granting an Indian Tribe the right to hunt.
LAKE v. FONTES -
The Court holds that plaintiffs’...more
This week, the Ninth Circuit considers when an unnamed plaintiff in a putative class action has standing to appeal. MARK HABELT AND PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI V. IRHYTHM TECHNOLOGIES, INC. ET AL....more
This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more
This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management...more
9/18/2023
/ Cease and Desist Orders ,
Declaratory Judgments ,
Department of the Interior ,
Environmental Impact Report (EIR) ,
National Park Service ,
NEPA ,
Personal Jurisdiction ,
Trademark Application ,
Trademark Infringement ,
Trademarks ,
Wildfires
This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and considers a landlord’s standing to challenge a COVID-related eviction moratorium.
SALOOJAS, INC....more
9/11/2023
/ Article III ,
CARES Act ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Eviction ,
Injury-in-Fact ,
Moratorium ,
Private Right of Action ,
Reimbursements ,
Standing ,
Virus Testing
This week, the Ninth Circuit tackles two issues of regulatory interpretation, addressing the Federal Aviation Administration’s rules governing challenges to “no hazard” determinations and the Food and Drug Administration’s...more
This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered...more
This week, the Court considers when a contractual relationship can establish a defendant’s purposeful availment of a forum state and addresses an equal protection challenge to a shelter-in-place order. ...more
Can a state require a company, as a condition of doing business in the state, to consent to being sued there for any and all claims? In Mallory v. Norfolk Southern Railway Co., 599 U.S. __ (2023), the Supreme Court concluded...more
This week, the Court considers claims of discrimination based on perceived sexual orientation and addresses when a product’s back label can prevent its front label from being misleading. ...more
This week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses.
The Court affirms the district court’s decision holding a defendant liable for trade dress...more
This week, the Court addresses the standard of causation for a “stigma-plus” due process claim under Section 1983 and the scope of the immunity granted to entities deemed Public Health Service employees....more
This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more
This week, the Court addresses the application of the probate exception to federal-court jurisdiction.
The Court holds that the probate-exception bar to federal-court jurisdiction does not apply when a breach-of-contract...more
This week, the Court addresses whether a state may refuse a religious accommodation to a government employee who is required to sign a loyalty oath as a condition of employment....more
This week, the Court addresses the constitutionality of a law protecting housing access for people with criminal histories, and the elements of a per se unlawful group boycott under the Sherman Antitrust Act....more
This week, the Court addresses the FCC’s adjudicatory authority and considers the scope of specific personal jurisdiction in product-liability suits.
The Court holds that the Federal Communications Commission (“FCC”) did...more
This week, the Court addresses the scope of the expressive association right and the definition of a protected disclosure under the Defense Contractor Whistleblower Protection Act....more
This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court.
The Court holds that a Bivens cause of action...more
This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law.
The Court holds that plaintiffs do not have statutory standing under the Racketeer...more
This week, the Court considers when the First Amendment limits the ability to discipline students for private off-campus speech.
The Court holds that a public school may, consistent with the First Amendment, discipline...more
This week, the Court addresses the definition of “financial advisory services” under the Consumer Financial Protection Act and whether a plaintiff’s allegations of First Amendment violations plausibly stated a claim under...more
12/19/2022
/ Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Establishment Clause ,
Federal Rule 12(b)(6) ,
Federal Trade Commission (FTC) ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Genuine Issue of Material Fact ,
Pleading Standards
This week, the Court addresses the application of abstention doctrine to federal takings litigation and whether the Hollywood Foreign Press Association’s membership policies violate antitrust law.
The Court holds that...more