Lena Hughes on Jurisdiction

This Week At The Ninth: Justiciability of Trademark Disputes

This week, the Court addresses whether a validity challenge to a trademark remains justiciable after a judgment of non-infringement. The Court holds that the district court lacked Article III jurisdiction to determine...more

2/13/2023 / Article III , Declaratory Judgments , Intellectual Property Protection , Jurisdiction , Trademark Cancellation , Trademark Registration , Trademark Trial and Appeal Board , Trademarks

This Week at the Ninth: Supplemental Jurisdiction Declined

This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI - The Court holds...more

9/26/2022 / Americans with Disabilities Act (ADA) , Jurisdiction , Pleading Standards , State Law Claims , Supplemental Jurisdiction , Unruh Civil Rights Act

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: Fire Investigators and Nursing Homes

This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK...more

2/28/2022 / Abuse of Discretion , Admissibility , Evidence , Expert Testimony , Jurisdiction , Motion to Exclude , Public Readiness and Emergency Preparedness Act (PREP Act) , Rule of Evidence 702 , State Law Claims , Subject Matter Jurisdiction

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: Disagreements on Display

This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS...more

1/31/2022 / Colleges , Domestic Violence , Educational Institutions , Jurisdiction , Remand , Removal , Students , Title IX , Universities

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: Remand Review and Tax Evasion

This week, we look at one decision navigating the complicated jurisprudence governing review of remand orders (which one might think would be unreviewable), and another addressing the available penalties when taxpayers fail...more

3/29/2021 / Amount in Controversy , FBAR , Income Taxes , IRS , Jurisdiction , Remand , Subject Matter Jurisdiction , Tax Evasion , Tax Penalties

Lena Hughes

Morrison & Foerster LLP

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