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
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
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
This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context.
KIM NGO...more
This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure...more
This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts.
ESQUIVEL v. UNITED STATES OF AMERICA -
The Court held that the district court correctly dismissed plaintiffs’...more
This week, the Ninth Circuit takes a close look at a sizable antitrust jury award, and explains what constitutes a tax “return” for purposes of bankruptcy law.
OPTRONIC TECHNOLOGIES, INC v. NINGBO SUNNY ELECTRONIC CO....more
12/10/2021
/ Antitrust Conspiracies ,
Antitrust Violations ,
Chapter 7 ,
Competition ,
Franchise Tax Board ,
Income Taxes ,
Monopolization ,
Sherman Act ,
State Taxes ,
Supply Agreements ,
Tax Returns ,
The Clayton Act
This week, the Ninth Circuit applied its “totality of circumstances” test for credibility determinations in immigration proceedings.
KUMAR v. GARLAND -
The Court applied its recent en banc decision in Alam v....more
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
This week, the Ninth Circuit explains the requirements for administrative summonses compelling testimony, and addresses whether a farm laborer was subjected to economic duress and undue influence when signing an arbitration...more
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. ...more
10/29/2021
/ Affirmative Defenses ,
Car Dealerships ,
Computer Fraud and Abuse Act (CFAA) ,
Contracts Clause ,
Food Safety and Inspection Service (FSIS) ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Primary Jurisdiction Doctrine ,
Product Labels ,
Takings Clause ,
The Copyright Act
This week, the Court confronted constitutional challenges to a California statute altering the test for determining whether workers are employees or independent contractors and an Arizona statute governing civil forfeitures. ...more
10/11/2021
/ Article III ,
Asset Seizure ,
Civil Forfeiture ,
Constitutional Challenges ,
Due Process ,
Equal Protection ,
First Amendment ,
Forfeiture ,
Forfeiture Statutes ,
Freelance Workers ,
Independent Contractors ,
Standing
This week, the Court clarifies the Fair Housing Act and Resource Conservation Recovery Act.
CITY OF OAKLAND V. WELLS FARGO & COMPANY
The en banc Court holds that Oakland failed to adequately plead proximate cause...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 Court revives an ERISA claim and compels arbitration of a dispute over tribal internet payday loans.
WARMENHOVEN v. NETAPP, INC.
The Court holds that PowerPoint presentations did not constitute plan...more
9/20/2021
/ Arbitration Agreements ,
Breach of Duty ,
Choice-of-Law ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equitable Relief ,
Health and Welfare Plans ,
Health Insurance ,
Native American Issues ,
Payday Loans ,
RICO ,
Tribal Loans
This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities...more
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
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
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
The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair...more