This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants.
BURRI LAW PA v. SKURLA -
The Court vacates the...more
This week, the Ninth Circuit examines whether a city’s collection of location data from electronic scooters violates the Fourth Amendment, and whether a consumer lender can circumvent state usury laws by making loans through...more
Earlier this month, Senators Brian Schatz (D-HI) and Cory Booker (D-NJ) sent a letter to the National Institutes of Health (NIH) and the Food and Drug Administration (FDA) urging both agencies to advance research on the...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 Ninth Circuit considers the President’s authority to remove the Commissioner of Social Security.
KAUFMANN V. KIJAKAZI -
The Court invalidates that statutory removal provision for the Commissioner of...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 considers whether Twitter’s statements about a software bug causing privacy problems were actionable for securities fraud, and whether a zoning ordinance in Salinas, California, violated the...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 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
Earlier this month, the U.S. District Court for the Middle District of Alabama decided Method Pharmaceuticals, LLC v. H-2 Pharma, LLC, a dispute concerning labeling for fluoride products that raised a variety of issues with...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 addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. ...more
This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability.
SHARMA V. HIS...more
The Department of Justice (“DOJ” or “Department”) has continued to make clear that white collar crime is a top priority of its enforcement efforts. On October 28, 2021, Deputy Attorney General (“DAG”) Lisa Monaco issued a...more
This article follows our introduction to the alternative protein industry and the legal considerations for companies and investors operating within it. The focus of this article is on the regulation of insects as food and...more
As the COVID-19 pandemic continues, so does Department of Justice (DOJ) enforcement of COVID-19-related fraud. In our first alert on this topic, in May 2020, we tracked early fraud cases involving the Coronavirus, Aid,...more
It’s summer blockbuster season and that means sequels abound. Now it seems that the U.S. Congress wants in on the action. Just five years after Congress passed the 21st Century Cures Act, a bipartisan group of...more
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
The outbreak of the COVID-19 pandemic in 2020 spurred rapid medical and technological innovation, leading to new medicines and devices designed in response to the virus. Under the traditional U.S. Food and Drug Administration...more