Keeping Tabs on the Ninth Circuit
  • This Week At The Ninth: Infotainment and Drydocks
    - This Week at the Ninth

    This Week At The Ninth: Infotainment and Drydocks

    By: James R. Sigel

    This week, the Ninth Circuit addresses the distinction between Article III and statutory standing, and it considers issues arising from the sinking of a drydock in a marine sanctuary. JONES v. FORD MOTOR CO. The Court holds that Plaintiffs pleaded an injury-in-fact for purposes
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  • This Week At The Ninth: Appellate Standing
    - This Week at the Ninth

    This Week At The Ninth: Appellate Standing

    By: Alexandra Avvocato

    This week, the Ninth Circuit considers when an unnamed plaintiff in a putative class action has standing to appeal. MARK HABELT AND PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI V. IRHYTHM TECHNOLOGIES, INC. ET AL. The Court holds that an initial plaintiff in a putative
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  • - This Week at the Ninth

    This Week At The Ninth: Arbitration

    This week, the Ninth Circuit considers whether a receiver in an SEC enforcement action is bound by an arbitration agreement signed by the receivership entity. GEOFF WINKLER V. THOMAS D. MCCLOSKEY, ET AL. The Court holds that a receiver is bound by arbitration agreements
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  • - This Week at the Ninth

    This Week At The Ninth: COVID

    By: James R. Sigel and Alexandra Avvocato

    This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and addresses a landlord’s standing to challenge a COVID-related eviction moratorium. SALOOJAS, INC. v. AETNA HEALTH OF CALIFORNIA, INC. The Court holds that the Coronavirus Aid, Relief,
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  • - This Week at the Ninth

    This Week At The Ninth: ERISA and FERC

    By: Joel F. Wacks

    This week, the Ninth Circuit considers ERISA claims alleging that a plan administrator unlawfully utilized internal guidelines more stringent than the terms of plaintiffs’ plans and the statute of limitations for an action by the Federal Energy Regulatory Commission. WIT v. UNITED BEHAVIORAL HEALTH
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  • - This Week at the Ninth

    This Week At The Ninth: Turbines and Protein

    By: James R. Sigel and Alexandra Avvocato

    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 rules governing protein-content claims. BACKCOUNTRY AGAINST DUMPS v. FEDERAL AVIATION ADMINISTRATION The Court holds that
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