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 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
A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12...more
Last week, we explored where the Ninth Circuit’s many visiting judges call home. This week, we investigate a slightly different subject: which president appointed those visiting judges? Some court watchers have suggested that...more
Last week, we noted that the Ninth Circuit’s visiting judges together perform the work of roughly 6 additional Ninth Circuit judges. But who, exactly, secures an invite to help serve as these supplemental members of the Ninth...more
Ninth Circuit appeals are not always decided by Ninth Circuit judges. Because of the Court’s nation-leading workload, the Ninth Circuit regularly relies on visiting judges to fill out the panels that hear and resolve cases....more
This week, the Court knocks down a party’s argument that it was “de facto debarred” from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act...more
10/30/2020
/ Appeals ,
Appellate Courts ,
Arms Export Control Act ,
Audio Recording ,
Cause of Action Accrual ,
Directorate of Defense Trade Controls (DDTC) ,
Exports ,
Licensing Rules ,
Preliminary Injunctions ,
Reaffirmation ,
Remand ,
Statute of Limitations ,
Wiretap Act
This week, we examine two decisions confronting novel procedural issues. In the first, the Ninth Circuit sought to promote development of the law by encouraging courts to alter how they address claims under the Fair Credit...more
10/23/2020
/ Appeals ,
Beneficiaries ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Medical Devices ,
Medicare ,
Proxies ,
Reaffirmation ,
Reimbursements ,
Statutory Damages ,
Statutory Violations ,
Suppliers
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
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 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, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room...more
8/21/2020
/ Administrative Proceedings ,
Appeals ,
Appellate Courts ,
Attorney's Fees ,
Breach of Duty ,
Denial of Benefits ,
Dismissals ,
Duty of Loyalty ,
Duty of Prudence ,
Emergency Rooms ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Relief ,
Fiduciary Duty ,
Independent Contractors ,
IRA Rollovers ,
Long Term Disability Insurance ,
Mandatory Requirements ,
Motion to Dismiss ,
Pensions ,
Physicians ,
Reaffirmation ,
Title VII
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
8/14/2020
/ Administrative Law Judge (ALJ) ,
Agency Deference ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Controlled Substances ,
Dismissals ,
Dissenting Opinions ,
Employer Contributions ,
Employer Liability Issues ,
Failure To State A Claim ,
LMRA ,
Negligence ,
Negligence Per Se ,
NFL ,
NLRA ,
NLRB ,
Pain Management ,
Partial Reversal ,
Pension Plan Amendments ,
Pensions ,
Petition for Review ,
Pleading Standards ,
Putative Class Actions ,
Remand ,
Sports ,
Standard of Review ,
Substantial Evidence Standard ,
Unilateral Modification