Lena Hughes

Morrison & Foerster LLP

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Latest Posts › Subject Matter Jurisdiction

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This Week At The Ninth: Removal Requirements

This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the...more

7/18/2023 / Amount in Controversy , CAFA , Federal Jurisdiction , GEICO , Putative Class Actions , Statute of Limitations , Subject Matter Jurisdiction

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: Tribal Sovereign Immunity

This week, the Ninth Circuit takes a deep look at tribal sovereign immunity. OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK - The Court holds that the district court lacked subject matter jurisdiction over the plaintiff’s...more

4/1/2022 / Native American Issues , Sovereign Immunity , Subject Matter Jurisdiction , Tribal Governments

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: Controlled Burns

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

12/27/2021 / Federal Tort Claims Act (FTCA) , Governmental Immunity , Sovereign Immunity , State Law Tort Claims , Subject Matter Jurisdiction

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

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