This Week at the Ninth: Floral Prints and Janitors
Welcome to Left Coast Appeals
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 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.... ›
This Week at the Ninth: The FTC (Always) Wins
By: James R. SigelThis 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... ›
MoFo Perspectives Podcast: New Solicitor General, New Positions?
By: Deanne E. Maynard and Joseph R. PalmoreIn this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not. This could matter to Ninth Circuit practitioners, as the government often... ›
This Week in the Ninth: Rest Breaks and Workweeks
By: James R. SigelThis 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... ›
This Week at the Ninth: Habeas and Hair LossThis 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... ›
This Week at the Ninth: Harassment and Acquiescence
By: James R. SigelThe Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would ordinarily highlight. But the... ›
This Week at The Ninth: Dr. Seuss and Constitutional Cures
By: James R. SigelAs one might expect, the past two weeks in the Ninth Circuit have been relatively quiet (though emergency litigation concerning California’s shelter-in-place order has kept some panels very busy ). But as always, the Court kept churning out opinions in cases of interest. Here,... ›
This Week at the Ninth: Secrets and Specialties
By: James R. SigelThis 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,... ›
This Week at the Ninth: Trans Fat and Stolen Emails
By: James R. SigelThis 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... ›
This Week at the Ninth: Willfulness and Waterways
By: James R. SigelThis 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... ›