This week, the Ninth Circuit addresses whether a corporate shareholder has standing to challenge a statute allegedly requiring the corporation to discriminate, and considers the interaction between the 1922 Abandoned Railroad...more
This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more
6/18/2021
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Excise Tax ,
Federal Arbitration Act ,
Genuine Issue of Material Fact ,
Motion to Compel ,
Preemption ,
Sovereign Immunity ,
Tax Injunction Act ,
Tribal Corporations ,
Tribal Governments
This week, we take a look at a decision examining the preemptive effect of the Poultry Products Inspection Act, and another considering the interaction between the Employee Retirement Income Security Act and principles of...more
This week: the Ninth Circuit elaborates on the Indian Gaming Regulation Act’s “two-step determination” regarding the effects of a new casino on tribal land and clarifies when a post-certification class action settlement...more
6/7/2021
/ Administrative Procedure Act ,
Casinos ,
Class Action ,
Department of the Interior ,
Gambling ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Native American Issues ,
Settlement Agreements ,
Tribal Governments ,
Tribal Lands
This week, the Ninth Circuit simultaneously issued two decisions addressing the circumstances in which equitable estoppel can require a plaintiff to arbitrate a claim absent an arbitration agreement with the defendant. In the...more
This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments...more
This week, we examine a pair of Ninth Circuit decisions addressing when opinions are materially false under securities law, and what a plaintiff must plead to establish a duty-of prudence violation under the Employee...more
This week, we take a look at a decision addressing the proper reading of “because” in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation...more
This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud...more
This week, we take a look at two Ninth Circuit decisions tracing the limits of federal courts’ jurisdiction. In the first, the Court addressed the Article III requirements that public interest organizations must satisfy in...more
This week, we look at one decision navigating the complicated jurisprudence governing review of remand orders (which one might think would be unreviewable), and another addressing the available penalties when taxpayers fail...more
This week, the Ninth Circuit issued two decisions addressing interesting employment-discrimination issues. In the first, a divided panel held that a university’s policy of raising the salaries of professors who threaten to...more
This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law. In the first case, the Court addressed how the Fair Debt Collection Practices Act applies to a...more
This week, we take a look at two Ninth Circuit decisions wrestling with issues of statutory interpretation. In the first, the Court considered the Securities Litigation Uniform Standards Act’s prohibition of state-law claims...more
This week, we take a look at one Ninth Circuit decision exploring the enforceability of an arbitration clause precluding a party from acting as a “private attorney general,” and another addressing whether the Fair Housing...more
This week, we take a look at the Ninth Circuit’s decisions construing the Biomaterials Access Assurance Act’s immunity for “biomaterials suppliers” and addressing the standard of review when a district court grants summary...more
This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime...more
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
2/8/2021
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Intellectual Property Protection ,
Joint and Several Liability ,
Remand ,
Res Judicata ,
Statutory Damages ,
Vacated
This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way...more
This week, we take a look at two Ninth Circuit decisions considering agencies’ interpretations of the federal laws governing the employment relationship. In the first, the Court deferred to the Federal Motor Carrier Safety...more
The Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would...more
As one might expect, the past two weeks in the Ninth Circuit have been relatively quiet (though emergency litigation concerning California’s shelter-in-place order has kept some panels very busy). But as always, the Court...more
This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty...more
12/18/2020
/ Arbitrary and Capricious ,
Computer Programmers ,
Corrupt Organizations Act (COA) ,
Defend Trade Secrets Act (DTSA) ,
H-1B ,
Misappropriation ,
Patent Applications ,
Racketeering ,
RICO ,
Specialty Occupations ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
USCIS
This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more
This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases. Here at Left Coast, however, we’ve focused on two other civil...more
12/7/2020
/ Americans with Disabilities Act (ADA) ,
Bonneville Power Administration ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Admiralty Law ,
Navigable Waters ,
Notice Requirements ,
Reckless Disregard ,
Statute of Limitations ,
Willful Violations