This week, the Ninth Circuit again revives a plaintiff’s challenge to the government’s (since revoked) decision to place him on the No Fly List, and it wrestles with the application of Washington State’s procedural...more
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, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more
7/19/2021
/ Coronavirus/COVID-19 ,
Due Process ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Misbranding ,
Motion to Dismiss ,
State Law Claims ,
Trader Joes ,
Unfair or Deceptive Trade Practices ,
WA Supreme Court
This week, the Ninth Circuit considers a challenge to the constitutionality of the FAA’s regulations governing drug and alcohol testing for air-carrier employees, and it wrestles with difficult choice-of-law questions...more
7/9/2021
/ Administrative Law Judge (ALJ) ,
Arbitration Agreements ,
Choice-of-Law ,
Drug Testing ,
Due Process ,
Employment Policies ,
Equitable Estoppel ,
Federal Arbitration Act ,
Federal Aviation Administration (FAA) ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Non-Signatories ,
Transportation Industry
This week, we take a look at a decision addressing the proper reading of “because” in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation...more
This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way...more