Adam Sorensen on First Amendment

This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts

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

9/12/2022 / Adverse Employment Action , Class Action , Class Members , Employer Liability Issues , Employment Discrimination , First Amendment , Interlocutory Appeals , Jurisdiction , Opt-Outs , Title IX

This Week at the Ninth: Public Fora and Pretrial Disclosures

This week, the Court wrestles with a thorny First Amendment question that has divided other Courts of Appeals and considers district courts’ ability to impose sanctions under Rule 37(c)(1). The Court holds that two local...more

8/1/2022 / Disclosure Requirements , First Amendment , Pretrial Motions , Qualified Immunity , Social Media

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: 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: Public Knowledge and Private Counsel

This week, the Ninth Circuit examines how the loss-causation requirement of a securities-fraud claim may be satisfied in cases involving FOIA disclosures, and considers the application of Younger v. Harris to a State...more

11/6/2020 / Bristol-Myers Squibb , Enforcement Actions , False Statements , First Amendment , FOIA , Loss Causation , Public Information , Putative Class Actions , Scienter , Securities and Exchange Commission (SEC) , Securities Fraud , Stock Drop Litigation

This Week at the Ninth: Mobile Billboards and Secret Systems

This week, we take a look at Ninth Circuit cases holding a ban on mobile billboards subject to strict scrutiny given the vehicles exempted from its scope, and addressing the standards governing summary judgment and discovery...more

10/19/2020 / Defend Trade Secrets Act (DTSA) , First Amendment , Intellectual Property Litigation , Intellectual Property Protection , Trade Secrets

This Week at The Ninth: Informational Injury and Union Dues

This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more

9/20/2020 / Appeals , Appellate Courts , Article III , Board of Directors , Confidentiality Policies , Corporate Executives , Dismissals , First Amendment , Health Care Providers , Injury-in-Fact , Janus v AFSCME , Non-Union , Reaffirmation , Reversal , Special Committees , State Action Doctrine , Tribal Corporations , Union Dues

Adam Sorensen

Morrison & Foerster LLP

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