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
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 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
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
This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more
6/18/2021
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Excise Tax ,
Federal Arbitration Act ,
Genuine Issue of Material Fact ,
Motion to Compel ,
Preemption ,
Sovereign Immunity ,
Tax Injunction Act ,
Tribal Corporations ,
Tribal Governments
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 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
Last week, we continued our look at Ninth Circuit en bancs by examining which judges were most and least likely to dissent in the 60 en banc cases submitted and decided since December 2014.* This week, we look at cases...more
Last week, we began our look at the Ninth Circuit en bancs by examining which judges were most and least likely to be selected to en banc panels. This week, we address what these judges decide when selected: who tends to be...more
En banc proceedings are a central feature of the Ninth Circuit, which regularly revisits its panel decisions. Ninth Circuit en bancs come with a special twist: the uncertainty of which judges will hear the case. Given the...more