This Week At The Ninth: Too $hort And Compilation Damages
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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 whether offensive music can create a hostile work environment and considers when individual photos in a database constitute a “compilation” for purposes of copyright infringement damages. SHARP v. S&S ACTIVEWEAR, L.L.C. The Court holds that playing sexually derogatory music... ›
This Week At The Ninth: Trade Dress and Forum Non Conveniens
By: Joel F. Wacks and Alexandra AvvocatoThis week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses. JASON SCOTT COLLECTION, INC. v. TRENDILY FURNTURE, LLC The Court affirms the district court’s decision holding a defendant liable for trade dress infringement when it copied the image, design,... ›
This Week At The Ninth: Due Process and Immunity
By: Alexandra AvvocatoThis week, the Court addresses the standard of causation for a “stigma-plus” due process claim under Section 1983 and the scope of the immunity granted to entities deemed Public Health Service employees. CHAUDRY V. ARAGON The Court affirms the district court’s finding that defendants’... ›
This Week At The Ninth: Playing Hooky And Cleanup Costs
By: Lena H. Hughes and James R. SigelThis week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 barred a subsequent action for recovery... ›
This Week At The Ninth: Easements And Bankruptcy Standing
By: Joel F. Wacks and Alexandra AvvocatoThis week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. KIMBALL-GRIFFITH, L.P. v. BRENDA BURMAN, ET AL The Court rejects a property... ›
This Week At The Ninth: Coercion or Persuasion?
By: Elizabeth C. AdlerThis week, the Court addresses when and how a government official's communications to a private party regarding its distribution of books allegedly promoting misinformation can violate the First Amendment. KENNEDY, JR. v. WARREN The Court holds that Senator Elizabeth Warren’s letter advocating for a... ›
This Week At The Ninth: The Antiquities Act And Anti-SLAPP
By: James R. SigelThis week, the Court considers the President’s authority under the Antiquities Act to preclude logging on federal lands that another federal statute contemplated would generally be used as timberlands, and it addresses how federal courts can consider extrinsic evidence when resolving motions to strike... ›
This Week At The Ninth: The Wiretap Act and the Energy Policy and Conservation Act
By: Lena H. Hughes and Joel F. WacksThis week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. PYANKOVSKA V. ABID The Court holds that the Noerr-Pennington doctrine does not preclude liability for Wiretap Act violations that illegally obtained evidence for use... ›
This Week At The Ninth: Death and Taxes
By: Alexandra AvvocatoThis week, the Court addresses the application of the probate exception to federal-court jurisdiction. ROGER SILK V. BARON BOND & HOWARD B. MILLER The Court holds that the probate-exception bar to federal-court jurisdiction does not apply when a breach-of-contract plaintiff seeks both damages from... ›
This Week At The Ninth: Religious Beliefs and Loyalty Oaths
By: Alexandra AvvocatoThis week, the Court addresses whether a state may refuse a religious accommodation to a government employee who is required to sign a loyalty oath as a condition of employment. BRIANNA BOLDEN-HARDGE v. OFFICE OF THE CALIFORNIA STATE CONTROLLER & MALIA M. COHEN The... ›