This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...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 explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate...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 explores what constitutes a hostile work environment and unravels a tricky jurisdictional puzzle that arises when a defendant brings a conditional counterclaim in an action for declaratory relief....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 explains the ins-and-outs of property abandonment under the Bankruptcy Code, and explores the government’s privilege to withhold the identity of informants in discovery.
IN RE STEVENS -
The...more
This week, the Ninth Circuit explores permissible theories of liability in a bank fraud conspiracy case.
USA V. DIANA YATES -
The Court holds that theories of conspiracy liability premised on a bank’s right to...more
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, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more
9/14/2021
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Arenas and Stadiums ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Protection ,
Remand ,
Seating ,
Spectator Sports ,
The Copyright Act ,
Vacated
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, the Court examines whether EPA guidance on water toxicity tests could be challenged under the APA, and addresses whether California’s scheme for taxing railroad property contravenes federal law.
SOUTHERN...more
This week, the Ninth Circuit resolves a split among trial courts about the application of California labor laws on drilling platforms on the Outer Continental Shelf.
IAFETA MAUIA V. PETROCHEM INSULATION, INC.
The...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 addresses whether a corporate shareholder has standing to challenge a statute allegedly requiring the corporation to discriminate, and considers the interaction between the 1922 Abandoned Railroad...more
This week, we take a look at a decision examining the preemptive effect of the Poultry Products Inspection Act, and another considering the interaction between the Employee Retirement Income Security Act and principles of...more
This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments...more
This week, we take a close look at an appeal from the first jury trial in a flood of litigation alleging that a popular pesticide causes cancer.
EDWIN HARDEMAN V. MONSANTO COMPANY -
The Court affirms a jury verdict...more
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, we examine a pair of Ninth Circuit decisions addressing when opinions are materially false under securities law, and what a plaintiff must plead to establish a duty-of prudence violation under the Employee...more
This week, we take a look at a decision addressing the proper reading of “because” in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation...more
This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud...more
This week, the Ninth Circuit issued two decisions addressing interesting employment-discrimination issues. In the first, a divided panel held that a university’s policy of raising the salaries of professors who threaten to...more