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
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...more
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...more
8/14/2023
/ Appeals ,
Appellate Courts ,
Auto-Dialed Calls ,
Debtors ,
Fees ,
Putative Class Actions ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
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
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, the Ninth Circuit examines how the loss-causation requirement of a securities-fraud claim may be satisfied in cases involving FOIA disclosures, and considers the application of Younger v. Harris to a State...more
11/6/2020
/ Bristol-Myers Squibb ,
Enforcement Actions ,
False Statements ,
First Amendment ,
FOIA ,
Loss Causation ,
Public Information ,
Putative Class Actions ,
Scienter ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Stock Drop Litigation
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