This week, the Court addresses whether offensive music can create a hostile work environment and considers when individual photos in a database constitute a “compilation” for purposes of copyright infringement damages. ...more
This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants....more
This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim.
The Court...more
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
This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate.
CALLAHAN v....more
This week, the Court addresses objectors’ challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who...more
This week, the Court tackles the jurisdictional implications of California’s attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court.
ARROYO JR. v....more
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
This week, the Court considered the retroactivity of California’s Proposition 22—which designates “app-based drivers” as independent contractors under certain conditions—and addressed the requirements for Clean Water Act...more
This week, the Ninth Circuit issued two decisions addressing interesting employment-discrimination issues. In the first, a divided panel held that a university’s policy of raising the salaries of professors who threaten to...more
This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime...more
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
2/8/2021
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Intellectual Property Protection ,
Joint and Several Liability ,
Remand ,
Res Judicata ,
Statutory Damages ,
Vacated
The Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would...more
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
8/14/2020
/ Administrative Law Judge (ALJ) ,
Agency Deference ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Controlled Substances ,
Dismissals ,
Dissenting Opinions ,
Employer Contributions ,
Employer Liability Issues ,
Failure To State A Claim ,
Labor Management Relations Act (LMRA) ,
Negligence ,
Negligence Per Se ,
NFL ,
NLRA ,
NLRB ,
Pain Management ,
Partial Reversal ,
Pension Plan Amendments ,
Pensions ,
Petition for Review ,
Pleading Standards ,
Putative Class Actions ,
Remand ,
Sports ,
Standard of Review ,
Substantial Evidence Standard ,
Unilateral Modification
A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary...more
2/18/2020
/ Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Attorneys General ,
State Bans ,
State Labor Laws ,
Trial Court Orders ,
TRO