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 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 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
This week, the Court wrestles with a thorny First Amendment question that has divided other Courts of Appeals and considers district courts’ ability to impose sanctions under Rule 37(c)(1).
The Court holds that two local...more
This week, the Ninth Circuit addresses a religion-based challenge to a federal-government land transfer and considers whether public-sector employees can obtain refunds of mandatory union fees since deemed unconstitutional. ...more
6/27/2022
/ 42 U.S.C. §1983 ,
First Amendment ,
Free Exercise Clause ,
Good Faith ,
Land Exchanges ,
Native American Issues ,
Public Employees ,
Public Sector Unions ,
Religious Freedom Restoration Act (RFRA) ,
Tribal Lands ,
Union Dues
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 addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities...more
This week, the Ninth Circuit examines how the loss-causation requirement of a securities-fraud claim may be satisfied in cases involving FOIA disclosures, and considers the application of Younger v. Harris to a State...more
11/6/2020
/ Bristol-Myers Squibb ,
Enforcement Actions ,
False Statements ,
First Amendment ,
FOIA ,
Loss Causation ,
Public Information ,
Putative Class Actions ,
Scienter ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Stock Drop Litigation
This week, we take a look at Ninth Circuit cases holding a ban on mobile billboards subject to strict scrutiny given the vehicles exempted from its scope, and addressing the standards governing summary judgment and discovery...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