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…
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/ Civil Procedure, Finance & Banking, Labor & Employment Law
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…
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/ Alternative Dispute Resolution (ADR), Labor & Employment Law
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 -…
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/ Business Organizations, Securities Law
This week, the Ninth Circuit addresses the distinction between Article III and statutory standing, and it considers issues arising from the sinking of a drydock in a marine sanctuary. JONES v. FORD MOTOR CO. -
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/ Civil Procedure, Environmental Law, Insurance, Maritime Law, Transportation
This week, the Ninth Circuit considers a plaintiff’s standing to challenge the use of voting machines and interprets a treaty granting an Indian Tribe the right to hunt.
LAKE v. FONTES -
The Court holds that plaintiffs’…
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/ Civil Procedure, Elections & Politics, Indigenous Peoples
This week, the Ninth Circuit considers when an unnamed plaintiff in a putative class action has standing to appeal. MARK HABELT AND PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI V. IRHYTHM TECHNOLOGIES, INC. ET AL…
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/ Civil Procedure, Finance & Banking
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…
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/ Alternative Dispute Resolution (ADR), Bankruptcy
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 orders…
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/ Civil Procedure
This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management…
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/ Civil Procedure, Intellectual Property
This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and considers a landlord’s standing to challenge a COVID-related eviction moratorium.
SALOOJAS, INC. v…
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/ Civil Procedure, Health, Real Estate - Commercial, Real Estate - Residential
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…
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/ Civil Procedure, Energy & Utilities, Insurance
This week, the Ninth Circuit tackles two issues of regulatory interpretation, addressing the Federal Aviation Administration’s rules governing challenges to “no hazard” determinations and the Food and Drug Administration’s rules…
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/ Administrative Law, Energy & Utilities, Environmental Law
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…
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/ Bankruptcy, Civil Procedure, Communications & Media Law, Consumer Protection, Privacy
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…
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/ Civil Procedure, Constitutional Law, Insurance
This week, the Court addresses a plaintiff’s ability to opt out of an arbitration provision after the district court has compelled arbitration and considers a court’s power to award fees under the Americans with Disabilities Act…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Constitutional Law
