This Week At the Ninth: Surgical Robots and Scienter
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At Left Coast Appeals, we provide insights into all things Ninth Circuit. Check out our Ninth Circuit Statistics page, 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.
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- 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... ›
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... ›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... ›This Week at the Ninth: Payment and Prayer
By: James R. Sigel
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... ›This Week at the Ninth: Old Debts and Flight Attendants
By: James R. Sigel
This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law. In the first case, the Court addressed how the Fair Debt Collection Practices Act applies to a creditor's attempt to collect a... ›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... ›This Week at the Ninth: Arbitration and Accommodation
By: James R. Sigel
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... ›This Week at the Ninth: Biomaterials and Unclean Hands
By: James R. Sigel
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... ›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... ›This Week at the Ninth: Floral Prints and Janitors
By: James R. Sigel
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.... ›