Keeping Tabs on the Ninth Circuit
  • 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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  • This Week at the Ninth: Floral Prints and Janitors
    - This Week at the Ninth

    This Week at the Ninth: Floral Prints and Janitors

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction between independent contractors and employees. DESIRE, LLC v. MANNA TEXTILES, INC.
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  • This Week at the Ninth:  The FTC (Always) Wins
    - This Week at the Ninth

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

    By: James R. Sigel

    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
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  • This Week in the Ninth: Rest Breaks and Workweeks
    - This Week at the Ninth

    This Week in the Ninth: Rest Breaks and Workweeks

    By: James R. Sigel

    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’ meal
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  • This Week at the Ninth: Habeas and Hair Loss
    - This Week at the Ninth

    This Week at the Ninth: Habeas and Hair Loss

    By: Adam L. Sorensen

    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
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  • This Week at the Ninth: Secrets and Specialties
    - This Week at the Ninth

    This Week at the Ninth: Secrets and Specialties

    By: James R. Sigel and Adam L. Sorensen

    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,
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  • This Week at the Ninth: Trans Fat and Stolen Emails
    - This Week at the Ninth

    This Week at the Ninth: Trans Fat and Stolen Emails

    By: James R. Sigel and Adam L. Sorensen

    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
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