This week, the Ninth Circuit considers whether a receiver in an SEC enforcement action is bound by an arbitration agreement signed by the receivership entity. GEOFF WINKLER V. THOMAS D. MCCLOSKEY, ET AL....more
This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an...more
8/14/2023
/ Appeals ,
Appellate Courts ,
Auto-Dialed Calls ,
Debtors ,
Fees ,
Putative Class Actions ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the...more
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 the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. ...more
This week, the Court addresses whether a validity challenge to a trademark remains justiciable after a judgment of non-infringement.
The Court holds that the district court lacked Article III jurisdiction to determine...more
This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...more
This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more
12/5/2022
/ Commercial Truck Drivers ,
Dismissals ,
Due Process ,
Employment Litigation ,
Equal Protection ,
Failure To State A Claim ,
FMCSA ,
Fourteenth Amendment ,
Governor Newsom ,
Motor Carrier Act ,
Political Candidates ,
Preemption ,
Rest and Meal Break ,
Retroactivity ,
State Constitutions ,
State Elections ,
Teamsters ,
Trucking Industry
This week, the Court explains the limits of the Declaratory Judgment Act and employers’ liability for withdrawal from multiemployer pension plans.
The Court holds that the Declaratory Judgment Act does not authorize a...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 Ninth Circuit grapples with a challenge to California’s law for classifying workers as a content-based regulation of speech.
The Court holds that plaintiffs’ First Amendment challenge to California’s...more
This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case.
VO V. CHOI -
The Court holds...more
This week, the Ninth Circuit addresses the statutory prohibition on private enforcement actions under the Food, Drug, and Cosmetic Act.
The Court holds that a drug manufacturer’s suit against a compounding pharmacy for...more
This week, the Ninth Circuit addresses the constitutionality of a school district’s decision to revoke official status for a student group that disapproves of same sex relationships, and the minimum contacts necessary to...more
This week, the Ninth Circuit examines the requirements for signal piracy liability under the Cable Communications Policy Act and Communications Act, and explains when courts must give notice before dismissing a state law...more
This week, the Ninth Circuit digs into a personal jurisdiction case involving a Vietnamese music company.
LANG VAN, INC. v. VNG CORPORATION -
The Court holds that exercising personal jurisdiction over a Vietnamese...more
This week, the Ninth Circuit determines whether an online produce wholesaler can file suit under the Perishable Agricultural Commodities Act, and answers a novel question about whether a party that contractually waived its...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 addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). ...more
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 whether a Rule 68 offer of judgment overrides a non-final order granting summary judgment, and explores the applicability of the Government Pension Offset to spousal Social Security...more
This week, the Ninth Circuit digs into class certification standards for Title IX cases.
A.B. AND A.M.B. V. HAWAII STATE DEPARTMENT OF EDUCATION -
The Court holds that a putative class action by female student...more
This week, the Ninth Circuit takes a deep look at tribal sovereign immunity.
OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK -
The Court holds that the district court lacked subject matter jurisdiction over the plaintiff’s...more
This week, the Ninth Circuit addresses whether the principles of Heck v. Humphrey, 512 U.S. 477 (1994) apply to the accrual of federal civil rights claims against a university and considers the Department of Interior’s...more
This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. ...more