This week, the Ninth Circuit examines whether a city’s collection of location data from electronic scooters violates the Fourth Amendment, and whether a consumer lender can circumvent state usury laws by making loans through...more
This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on...more
This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more
7/19/2021
/ Coronavirus/COVID-19 ,
Due Process ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Misbranding ,
Motion to Dismiss ,
State Law Claims ,
Trader Joes ,
Unfair or Deceptive Trade Practices ,
WA Supreme Court
This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens.
HOWARD JARVIS...more
This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more
9/5/2020
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Appeals ,
Appellate Courts ,
Denial of Benefits ,
Disability ,
Disability Benefits ,
Foreign Defendants ,
Forum Non Conveniens ,
LHWCA ,
Longshoremen ,
Minimum Contacts ,
Mootness ,
Motion to Dismiss ,
Non-US Entities ,
Pain Management ,
Personal Jurisdiction ,
Popular ,
Remand ,
Reversal ,
Workers' Compensation Claim
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