This week, the Court addresses whether a court or an arbitrator must consider a sovereign immunity defense to arbitration, and applies the False Claims Act to a defendant’s allegedly fraudulent Medicare billing practices. ...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 Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. ...more
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate.
CALLAHAN v....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 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 Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. ...more
This week, the Court orders the EPA to reexamine its approval of a pesticide used in pet collars, and addresses the federal statute prohibiting forced labor.
NRDC v. EPA -
The Court holds that EPA denial of a...more
This week, the Ninth Circuit addresses short-swing transactions involving board-approved stock option grants and considers the preemptive scope of the Medicare Act. ...more
This week, the Ninth Circuit revisits the pleading standard for stating a plausible conspiracy claim under the Sherman Act and examines the proper remedy for instructional error in a suit for disgorgement under the Lanham...more
This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes.
ELOSU v. MIDDLEFORK...more
This week, the Court addresses objectors’ challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who...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
This week, the Ninth Circuit explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate...more
This week, the Court tackles the jurisdictional implications of California’s attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court.
ARROYO JR. v....more
This week, the Ninth Circuit explores what constitutes a hostile work environment and unravels a tricky jurisdictional puzzle that arises when a defendant brings a conditional counterclaim in an action for declaratory relief....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, 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 Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more
9/14/2021
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Arenas and Stadiums ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Protection ,
Remand ,
Seating ,
Spectator Sports ,
The Copyright Act ,
Vacated
This week, the Court examines whether EPA guidance on water toxicity tests could be challenged under the APA, and addresses whether California’s scheme for taxing railroad property contravenes federal law.
SOUTHERN...more
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
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 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, a divided Ninth Circuit panel addressed when a plaintiff’s reliance on an omission may be presumed in a securities-fraud case, and another panel considered when an arbitration award must be set aside due to an...more