This week, the Ninth Circuit addresses the requirements for invoking a regulatory exemption to liability under Section 16(b) of the Securities Exchange Act of 1934.
ROTH v. FORIS VENTURES, LLC - ...more
This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more
This week, the Ninth Circuit considers ERISA claims alleging that a plan administrator unlawfully utilized internal guidelines more stringent than the terms of plaintiffs’ plans and the statute of limitations for an action by...more
8/28/2023
/ Cause of Action Accrual ,
Certifications ,
Denial of Insurance Coverage ,
Employee Retirement Income Security Act (ERISA) ,
FERC ,
Fiduciary Duty ,
Internal Controls ,
Mental Health ,
Plan Administrators ,
Rules Enabling Act ,
Statute of Limitations ,
Substance Abuse
This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion.
THE OREGON CLINIC, PC V....more
8/7/2023
/ Abortion ,
Business Closures ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Equal Protection ,
Fireman's Fund Insurance ,
Fourteenth Amendment ,
Guam ,
Healthcare ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Patient Access ,
Policy Terms
This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered...more
This week, the Court rejects a challenge to a Nevada law regulating the collection of medical debt.
The Court rejects a request for a preliminary injunction barring enforcement of a Nevada law requiring debt collectors...more
This week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses.
The Court affirms the district court’s decision holding a defendant liable for trade dress...more
This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more
This week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. ...more
This week, the Court addresses the bounds of the discretionary function exception to the Federal Tort Claims Act (FTCA). ...more
This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations.
The...more
This week, the Court addresses the enforceability of an arbitration provision in Live Nation and Ticketmaster’s terms of use.
OBERSTEIN V. LIVE NATION ENTERTAINMENT, INC.
The Court holds that Live Nation and...more
This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court.
The Court holds that a Bivens cause of action...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 Court addresses the application of abstention doctrine to federal takings litigation and whether the Hollywood Foreign Press Association’s membership policies violate antitrust law.
The Court holds that...more