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.

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

January 29, 2021 - This Week at the Ninth

This Week at the Ninth: The FTC (Always) Wins

This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way through the FTC’s review process. AXON ENTERPRISE v. FTC The Court holds …›

January 22, 2021 - This Week at the Ninth

This Week in the Ninth: Rest Breaks and Workweeks

This week, we take a look at two Ninth Circuit decisions considering agencies’ interpretations of the federal laws governing the employment relationship. In the first, the Court deferred to the Federal Motor Carrier Safety Administration’s decision to preempt California’s requirements for commercial drivers’ …›

January 15, 2021 - This Week at the Ninth

This Week at the Ninth: Habeas and Hair Loss

This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law challenges to dietary supplement labeling. JOSE BELLO-REYES v. PETER GAYNOR The Court holds that the …›

December 17, 2020 - This Week at the Ninth

This Week at the Ninth: Secrets and Specialties

This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty occupation” visas. ELI ATTIA v. GOOGLE LLC As a matter of first impression, the Court …›

December 10, 2020 - This Week at the Ninth

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the Stored Communications Act to emails backed …›

December 4, 2020 - This Week at the Ninth

This Week at the Ninth: Willfulness and Waterways

This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases. Here at Left Coast, however, we’ve focused on two other civil decisions—issued by smaller panels, perhaps, but no less …›