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 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 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, the Court revives an ERISA claim and compels arbitration of a dispute over tribal internet payday loans.
WARMENHOVEN v. NETAPP, INC.
The Court holds that PowerPoint presentations did not constitute plan...more
9/20/2021
/ Arbitration Agreements ,
Breach of Duty ,
Choice-of-Law ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equitable Relief ,
Health and Welfare Plans ,
Health Insurance ,
Native American Issues ,
Payday Loans ,
RICO ,
Tribal Loans
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
8/14/2020
/ Administrative Law Judge (ALJ) ,
Agency Deference ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Controlled Substances ,
Dismissals ,
Dissenting Opinions ,
Employer Contributions ,
Employer Liability Issues ,
Failure To State A Claim ,
LMRA ,
Negligence ,
Negligence Per Se ,
NFL ,
NLRA ,
NLRB ,
Pain Management ,
Partial Reversal ,
Pension Plan Amendments ,
Pensions ,
Petition for Review ,
Pleading Standards ,
Putative Class Actions ,
Remand ,
Sports ,
Standard of Review ,
Substantial Evidence Standard ,
Unilateral Modification