En Banc Tracker

Welcome to Left Coast Appeals

At Left Coast Appeals, we provide insights into all things Ninth Circuit. Check out our Ninth Circuit Statistics, which offers an empirical window into the Court’s workings. At our En Banc Tracker, we monitor the Court’s busy en banc proceedings. And at This Week at the Ninth, we highlight key recent decisions.

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May 21, 2021 - This Week at the Ninth

This Week at the Ninth: Arbitration and Declarations

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 relating to tax withholding in real estate transactions with foreign …›

May 18, 2021 - This Week at the Ninth

This Week at the Ninth: Bellwether

This week, we take a close look at an appeal from the first jury trial in a flood of litigation alleging that a popular pesticide causes cancer. EDWIN HARDEMAN V. MONSANTO COMPANY The Court affirms a jury verdict and damages award in the first major multidistrict …›

May 7, 2021 - This Week at the Ninth

This Week at the Ninth: Preemption, New and Old

This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens. HOWARD JARVIS TAXPAYERS ASS'N V. CA SECURE CHOICE RETIRE. SVG. The Court holds ERISA does not preempt a …›

April 23, 2021 - This Week at the Ninth

This Week at the Ninth: Falsity and Fiduciaries

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 Retirement Income Security Act. GOLUB v. GIGAMON INC. The Ninth Circuit …›

April 16, 2021 - This Week at the Ninth

This Week at the Ninth: Sand Dredgers and the Duty to Defend

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 brought by the state. THOMAS v. CALPORTLAND COMPANY The Court holds that the …›

April 9, 2021 - This Week at the Ninth

This Week At the Ninth: Surgical Robots and Scienter

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 case. RUSTICO v. INTUITIVE SURGERY, INC. The Court holds that under California …›