Morrison & Foerster LLP - Left Coast Appeals

This week, the Court addresses when and how a government’s communications to a private party regarding its distribution of books allegedly promoting misinformation can violate the First Amendment…more

Appeals, Coercion, Elizabeth Warren, First Amendment, Government Officials

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Alexandra Avvocato

This Week At The Ninth: Class Representatives and Overtime

This week, the Ninth Circuit considers the adequacy of a class representative and addresses the Fair Labor Standards Act’s overtime exceptions. KIM v. TINDER, INC. The Court holds that a named plaintiff bound by an arbitration…more

Arbitration, Class Certification, Class Representatives, Conflicts of Interest, Department of Labor (DOL)

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Lydia Davenport

This Week at The Ninth: Cancer Drugs and COVID Grants

This week, the Ninth Circuit examines what constitutes securities fraud in connection with data published from a pharmaceutical clinical trial, and decides whether Arizona has standing to challenge conditions on federal grants…more

Coronavirus/COVID-19, Pension Funds, PSLRA, Rule 10b-5, Securities Litigation

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Zachary Fuchs

This Week at The Ninth: PJ

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

Defamation, Due Process, Forum, Minimum Contacts, Motion to Dismiss

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Samuel Goldstein

This Week at the Ninth: Class Waiver and FINRA

This week, we take a look at the Ninth Circuit’s decision handing an important victory to banks by declaring FINRA rules against compelled arbitration don’t bar enforcement of class waivers... …more

Arbitration, Arbitration Agreements, Class Action, Federal Arbitration Act, Financial Industry Regulatory Authority (FINRA)

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Lena Hughes

This Week At The Ninth: Arbitration

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

Arbitration, Arbitration Agreements, Bankruptcy Trustees, Debtors, Enforcement Actions

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Diana Li Kim

This Week At The Ninth: Common Issues and ERISA Assignment

This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC…more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fiduciary

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Joseph Palmore

How do Rule 23(f) petitions fare in the Ninth Circuit?

The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor…more

Appeals, Appellate Review, Class Action, Class Certification, FRCP 23(f)

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Michael Qian

How do Rule 23(f) petitions fare in the Ninth Circuit?

Appeals, Appellate Review, Class Action, Class Certification, FRCP 23(f)

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James Sigel

This Week At The Ninth: Common Issues and ERISA Assignment

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fiduciary

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Adam Sorensen

This Week At The Ninth: Retroactivity and Recalls

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 to…more

Commercial Truck Drivers, Dismissals, Due Process, Employment Litigation, Equal Protection

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Joel Wacks

This Week At The Ninth: Exemption From Exchange Act Liability

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

Beneficial Owner, Liability, Securities, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

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Morrison & Foerster LLP - Left Coast Appeals

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