This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC....more
This week, the Ninth Circuit considers the adequacy of a class representative and addresses the Fair Labor Standards Act’s overtime exceptions. KIM v. TINDER, INC. The Court holds that a named plaintiff bound by an...more
This week, the Ninth Circuit addresses the distinction between Article III and statutory standing, and it considers issues arising from the sinking of a drydock in a marine sanctuary. JONES v. FORD MOTOR CO. -
...more
This week, the Ninth Circuit considers a plaintiff’s standing to challenge the use of voting machines and interprets a treaty granting an Indian Tribe the right to hunt.
LAKE v. FONTES -
The Court holds that plaintiffs’...more
This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and considers a landlord’s standing to challenge a COVID-related eviction moratorium.
SALOOJAS, INC....more
9/11/2023
/ Article III ,
CARES Act ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Eviction ,
Injury-in-Fact ,
Moratorium ,
Private Right of Action ,
Reimbursements ,
Standing ,
Virus Testing
This week, the Ninth Circuit tackles two issues of regulatory interpretation, addressing the Federal Aviation Administration’s rules governing challenges to “no hazard” determinations and the Food and Drug Administration’s...more
This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an...more
8/14/2023
/ Appeals ,
Appellate Courts ,
Auto-Dialed Calls ,
Debtors ,
Fees ,
Putative Class Actions ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
This week, the Court addresses a plaintiff’s ability to opt out of an arbitration provision after the district court has compelled arbitration and considers a court’s power to award fees under the Americans with Disabilities...more
This week, the Court considers when a contractual relationship can establish a defendant’s purposeful availment of a forum state and addresses an equal protection challenge to a shelter-in-place order. ...more
On June 13, 2023, in SEC v. Husain, the U.S. Court of Appeals for the Ninth Circuit clarified the high burden that the SEC must carry before a court may grant the Commission a civil monetary penalty at the summary judgment...more
This week, the Court considers claims of discrimination based on perceived sexual orientation and addresses when a product’s back label can prevent its front label from being misleading. ...more
This week, the Court addresses whether offensive music can create a hostile work environment and considers when individual photos in a database constitute a “compilation” for purposes of copyright infringement damages. ...more
This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more
This week, the Court considers the President’s authority under the Antiquities Act to preclude logging on federal lands that another federal statute contemplated would generally be used as timberlands, and it addresses how...more
This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations.
The...more
This week, the Court addresses the FCC’s adjudicatory authority and considers the scope of specific personal jurisdiction in product-liability suits.
The Court holds that the Federal Communications Commission (“FCC”) did...more
This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. ...more
This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants. ...more
This week, the Court explains the limits of the Declaratory Judgment Act and employers’ liability for withdrawal from multiemployer pension plans.
The Court holds that the Declaratory Judgment Act does not authorize a...more
This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants....more
This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim.
The Court...more
This week, the Court examines the jurisdictional limits on challenges to agency action in evaluating the FAA’s flight paths for Burbank and Van Nuys airports.
The Court holds it lacks jurisdiction to consider challenges...more
This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction.
The Court holds that claim preclusion bars plaintiffs from reasserting claims...more
10/3/2022
/ Article III ,
Citizen Suits ,
Claim Preclusion ,
Endangered Species Act (ESA) ,
Failure To State A Claim ,
FRCP 60(b) ,
Jurisdiction ,
Leave to Amend ,
Res Judicata ,
Standing ,
US Fish and Wildlife Service
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
This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.
The Court holds that charitable organizations...more