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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.

Follow us on Twitter @LeftCoastAppeal. And check out our sister blog Federal Circuitry, which takes a data-driven look at the Federal Circuit.


January 14, 2022 - This Week at the Ninth

This Week at the Ninth: Arbitration Two Ways

This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO V. BMW OF NORTH AMERICA, LLC The Court holds that a non-signatory car manufacturer …›

January 7, 2022 - This Week at the Ninth

This Week at the Ninth: Delegation and Wildfires

This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure for capitalizing a California wildfire fund. AHLSTROM V. DHI MORTGAGE COMPANY, …›

December 30, 2021 - This Week at the Ninth

This Week at the Ninth: Tribal Disputes and Interstate Mushrooms

This week, the Ninth Circuit explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate commerce.” NEWTOK VILLAGE v. PATRICK The Court holds that a district court lacked subject …›

December 23, 2021 - This Week at the Ninth

This Week at the Ninth: Controlled Burns

This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts. ESQUIVEL v. UNITED STATES OF AMERICA The Court held that the district court correctly dismissed plaintiffs’ claims against the United States arising out of the intentional burning of their property …›

December 10, 2021 - This Week at the Ninth

This Week at the Ninth: Telescopes and Tax Returns

This week, the Ninth Circuit takes a close look at a sizable antitrust jury award, and explains what constitutes a tax “return” for purposes of bankruptcy law. OPTRONIC TECHNOLOGIES, INC v. NINGBO SUNNY ELECTRONIC CO. LTD. The Court held that sufficient evidence supported a jury verdict …›

December 3, 2021 - This Week at the Ninth

This Week at the Ninth: Credibility Determinations

This week, the Ninth Circuit applied its “totality of circumstances” test for credibility determinations in immigration proceedings. KUMAR v. GARLAND The Court applied its recent en banc decision in Alam v. Garland, 11 F.4th 1133 (9th Cir. 2021) to hold that because the bulk of the …›

November 5, 2021 - This Week at the Ninth

This Week at The Ninth: Compulsion and Coercion

This week, the Ninth Circuit explains the requirements for administrative summonses compelling testimony, and addresses whether a farm laborer was subjected to economic duress and undue influence when signing an arbitration agreement. UNITED STATES V. BEN GHEE TAN The Court holds that 19 U.S.C. § 1509(a)(2) …›