This Week At The Ninth: Bivens and Montana Insurance Law
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At Left Coast Appeals, we provide insights into all things Ninth Circuit. Check out our Ninth Circuit Statistics page, 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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- This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. MARK PETTIBONE ET AL. V. GABRIEL RUSSELL ET AL. The Court holds that a Bivens cause of... ›
This Week At The Ninth: Securities Fraud
By: Diana Li Kim
This week, the Court addresses the pleading standard for a claim of false or misleading statements in connection with a tender offer under Section 14(e) of the Securities Exchange Act of 1934. ROBERT GRIER V. FINJAN HOLDINGS, INC. The Court holds that Section 14(e)... ›This Week At The Ninth: Cannabis Law
By: Alexandra Avvocato
This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law. FRANCINE SHULMAN ET AL. V. TODD KAPLAN ET AL. The Court holds that plaintiffs do not have statutory standing under the Racketeer... ›This Week At The Ninth: The First Amendment and Disability Rights in the OC
By: James R. Sigel and Joel F. Wacks
This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. LATHUS v. CITY OF HUNTINGTON BEACH The Court holds that... ›This Week At The Ninth: Speech and Schools
By: Alexandra Avvocato
This week, the Court considers when the First Amendment limits the ability to discipline students for private off-campus speech. KEVIN CHEN ET AL. V. ALBANY UNIFIED SCHOOL DISTRICT ET AL. The Court holds that a public school may, consistent with the First Amendment, discipline... ›This Week At The Ninth: Arbitration and Social Media
By: Lena H. Hughes
This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and holds that mass social media communications can qualify as solicitations... ›This Week At The Ninth: Deceptive Financial Advisory Services and Religious Speech
By: Alexandra Avvocato
This week, the Court addresses the definition of “financial advisory services” under the Consumer Financial Protection Act and whether a plaintiff’s allegations of First Amendment violations plausibly stated a claim under Federal Rule of Civil Procedure 12(b)(6). CONSUMER FINANCIAL PROTECTION BUREAU V. ARIA The... ›Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals
By: Joseph R. Palmore and Adam L. Sorensen
The Supreme Court just agreed to review an important question at the intersection of arbitration law and appellate practice. Its ultimate decision in the case could provide a major boost to defendants seeking to enforce arbitration agreements in circuits (including the Second and Ninth) where... ›This Week At The Ninth: Abstention and the Golden Globes
By: Joel F. Wacks and Alexandra Avvocato
This week, the Court addresses the application of abstention doctrine to federal takings litigation and whether the Hollywood Foreign Press Association’s membership policies violate antitrust law. THOMAS GEARING ET AL. V. CITY OF HALF MOON BAY The Court holds that Knick v. Township of... ›This Week At The Ninth: Retroactivity and Recalls
By: Lena H. Hughes and Adam L. Sorensen
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 succeed himself in a recall election. VALIENTE V. SWIFT TRANSPORTATION CO.... ›