Know Your En Banc Ninth: The Dissents Stay Dissents
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.
- In the past two weeks, we’ve examined which judges tend to agree and disagree with one another when on the same en banc panel, and which of those judges tend to end up in dissent. This week, we look at whether the views of... ›
This Week at The Ninth: Employees, Independent Contractors, and ERISA
By: James R. Sigel and Samuel Benjamin GoldsteinThis week, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room physician was an employee of the hospital... ›
Know Your En Banc Ninth: Birds of a Feather
By: James R. Sigel and Adam L. SorensenLast week , we continued our look at Ninth Circuit en bancs by examining which judges were most and least likely to dissent in the 60 en banc cases submitted and decided since December 2014.* This week, we look at cases featuring three key... ›
This Week at the Ninth: Sports, Drugs, and Pensions
By: James R. Sigel and Lena H. HughesThis week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured players live to see another day. In the... ›
Know Your En Banc Ninth: Who Decides?
By: James R. Sigel and Adam L. SorensenLast week , we began our look at the Ninth Circuit en bancs by examining which judges were most and least likely to be selected to en banc panels. This week, we address what these judges decide when selected: who tends to be in... ›
This Week at The Ninth: Appeals Dropping Like Flies
By: Lena H. Hughes and Adam L. SorensenThis week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled a district court’s never-before-seen-in-the-Ninth Circuit order denying the... ›
Know Your En Banc Ninth: Who's On It?
By: James R. SigelEn banc proceedings are a central feature of the Ninth Circuit, which regularly revisits its panel decisions. Ninth Circuit en bancs come with a special twist: the uncertainty of which judges will hear the case. Given the Court’s size—currently 29 active judges—having all eligible... ›
This Week at The Ninth: CAFA and Dog Food Deception
By: James R. Sigel and Adam L. SorensenThis week, the Ninth Circuit decided cases involving Ashley Judd’s lawsuit against Harvey Weinstein , allegedly deceptive prescription pet food, and the interaction between the Class Action Fairness Act and the Magnusson-Moss Warranty Act. Naturally, here at Left Coast Appeals, we focus on the... ›
This Week at The Ninth: Settlement Classes and State Action
By: James R. SigelThis week, we highlight two decisions revisiting (largely) settled principles of civil procedure and constitutional law. In the first, the Court reaffirmed its recent decision holding that a district court generally need not conduct a choice-of-law analysis before certifying a class for settlement. In... ›
This Week at The Ninth: Nationwide Injunctions and CAFA
By: Lena H. HughesThis week, the Ninth Circuit weighs in on the hot topic of nationwide injunctions and resolves a novel jurisdictional question in a case involving two staples of American life: Harley-Davidson motorcycles and class-action lawsuits. CITY AND COUNTY OF SAN FRANCISCO v. BARR The Ninth... ›