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 the Ninth Circuit’s decisions construing the Biomaterials Access Assurance Act’s immunity for “biomaterials suppliers” and addressing the standard of review when a district court grants summary...more
This week, we take a look at two decisions tackling novel procedural issues. In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more
11/20/2020
/ Affirmative Defenses ,
Amount in Controversy ,
Breach of Contract ,
CAFA ,
Calculation of Damages ,
Class Action ,
Corporate Counsel ,
Employment Litigation ,
Motion to Remand ,
Remand ,
Sua Sponte ,
Summary Judgment
This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more
9/15/2020
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Appellate Courts ,
Authors ,
Burden-Shifting ,
Copyright ,
Copyright Infringement ,
Disability Access Claims ,
Fair Use ,
Intellectual Property Protection ,
Judgment As A Matter Of Law ,
Public Accommodation ,
Screenplays ,
Split of Authority ,
Summary Judgment ,
Theater Productions
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