Keeping Tabs on the Ninth Circuit
  • This Week at The Ninth: Money, Money, Money, Money
    - This Week at the Ninth

    This Week at The Ninth: Money, Money, Money, Money

    This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. BALLINGER v. CITY OF OAKLAND The Court holds that money may be the subject of a
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  • This Week at the Ninth: Wait Until Next Time
    - This Week at the Ninth

    This Week at the Ninth: Wait Until Next Time

    By: James R. Sigel

    This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court order certified for review under section 1292(b). CHILDS v. SAN
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  • This Week at the Ninth: Arbitration Two Ways
    - This Week at the Ninth

    This Week at the Ninth: Arbitration Two Ways

    By: Lena H. Hughes

    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
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  • This Week at the Ninth: Delegation and Wildfires
    - This Week at the Ninth

    This Week at the Ninth: Delegation and Wildfires

    By: Lena H. Hughes

    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
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  • This Week at the Ninth: Controlled Burns
    - This Week at the Ninth

    This Week at the Ninth: Controlled Burns

    By: Lena H. Hughes

    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
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