Keeping Tabs on the Ninth Circuit
  • This Week At the Ninth:  Surgical Robots and Scienter
    - This Week at the Ninth

    This Week At the Ninth: Surgical Robots and Scienter

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud case. RUSTICO v. INTUITIVE SURGERY, INC. The Court holds that under
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  • This Week in the Ninth:  Chickens and Subpoenas
    - This Week at the Ninth

    This Week in the Ninth: Chickens and Subpoenas

    By: James R. Sigel

    This week, we take a look at two Ninth Circuit decisions tracing the limits of federal courts’ jurisdiction. In the first, the Court addressed the Article III requirements that public interest organizations must satisfy in challenging alleged false advertising. In the second, the Court
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  • This Week at the Ninth: Remand Review and Tax Evasion
    - This Week at the Ninth

    This Week at the Ninth: Remand Review and Tax Evasion

    By: James R. Sigel and Lena H. Hughes

    This week, we look at one decision navigating the complicated jurisprudence governing review of remand orders (which one might think would be unreviewable), and another addressing the available penalties when taxpayers fail to disclose multiple foreign accounts. ACADEMY OF COUNTRY MUSIC v. CONTINENTAL CASUALTY
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  • This Week at the Ninth:  Payment and Prayer
    - This Week at the Ninth

    This Week at the Ninth: Payment and Prayer

    By: James R. Sigel and Adam L. Sorensen

    This week, the Ninth Circuit issued two decisions addressing interesting employment-discrimination issues. In the first, a divided panel held that a university’s policy of raising the salaries of professors who threaten to leave for other posts may constitute gender discrimination under federal and Oregon
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  • This Week at the Ninth:  SLUSA and U.S. Waters
    - This Week at the Ninth

    This Week at the Ninth: SLUSA and U.S. Waters

    By: James R. Sigel

    This week, we take a look at two Ninth Circuit decisions wrestling with issues of statutory interpretation. In the first, the Court considered the Securities Litigation Uniform Standards Act’s prohibition of state-law claims that might have been brought as federal securities actions, in a
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  • This Week at the Ninth:  Arbitration and Accommodation
    - This Week at the Ninth

    This Week at the Ninth: Arbitration and Accommodation

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at one Ninth Circuit decision exploring the enforceability of an arbitration clause precluding a party from acting as a “private attorney general,” and another addressing whether the Fair Housing Amendments Act imposes liability for a landlord’s failure to
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  • This Week at the Ninth:  Biomaterials and Unclean Hands
    - This Week at the Ninth

    This Week at the Ninth: Biomaterials and Unclean Hands

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at the Ninth Circuit’s decisions construing the Biomaterials Access Assurance Act’s immunity for “biomaterials suppliers” and addressing the standard of review when a district court grants summary judgment based on a plaintiff’s unclean hands. CONNELL v. LIMA CORPORATE
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  • This Week at the Ninth:  Per Diems and Wages
    - This Week at the Ninth

    This Week at the Ninth: Per Diems and Wages

    By: James R. Sigel

    This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime wage rate—and payments that in fact compensate employees for hours
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