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 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 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 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 Court confronted constitutional challenges to a California statute altering the test for determining whether workers are employees or independent contractors and an Arizona statute governing civil forfeitures. ...more
10/11/2021
/ Article III ,
Asset Seizure ,
Civil Forfeiture ,
Constitutional Challenges ,
Due Process ,
Equal Protection ,
First Amendment ,
Forfeiture ,
Forfeiture Statutes ,
Freelance Workers ,
Independent Contractors ,
Standing
This week, the Court considered the retroactivity of California’s Proposition 22—which designates “app-based drivers” as independent contractors under certain conditions—and addressed the requirements for Clean Water Act...more
This week, we take a look at two Ninth Circuit decisions tracing the limits of federal courts’ jurisdiction. In the first, the Court addressed the Article III requirements that public interest organizations must satisfy in...more
This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more
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