Keeping Tabs on the Ninth Circuit
  • - This Week at the Ninth

    This Week At The Ninth: COVID

    By: James R. Sigel and Alexandra Avvocato

    This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and addresses a landlord’s standing to challenge a COVID-related eviction moratorium. SALOOJAS, INC. v. AETNA HEALTH OF CALIFORNIA, INC. The Court holds that the Coronavirus Aid, Relief,
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  • - This Week at the Ninth

    This Week At The Ninth: ERISA and FERC

    By: Joel F. Wacks

    This week, the Ninth Circuit considers ERISA claims alleging that a plan administrator unlawfully utilized internal guidelines more stringent than the terms of plaintiffs’ plans and the statute of limitations for an action by the Federal Energy Regulatory Commission. WIT v. UNITED BEHAVIORAL HEALTH
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  • - This Week at the Ninth

    This Week At The Ninth: Turbines and Protein

    By: James R. Sigel and Alexandra Avvocato

    This week, the Ninth Circuit tackles two issues of regulatory interpretation, addressing the Federal Aviation Administration’s rules governing challenges to “no hazard” determinations and the Food and Drug Administration’s rules governing protein-content claims. BACKCOUNTRY AGAINST DUMPS v. FEDERAL AVIATION ADMINISTRATION The Court holds that
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  • - This Week at the Ninth

    This Week At The Ninth: Inaudible Texts and Bankruptcy Fees

    By: James R. Sigel

    This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an unconstitutionally nonuniform bankruptcy provision are entitled to a refund. TRIM v. REWARD
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  • - This Week at the Ninth

    This Week At The Ninth: Price Discrimination and Copyright

    By: Joel F. Wacks and Alexandra Avvocato

    This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered work. U.S. WHOLESALE OUTLET & DISTRIBUTION, INC. V. INNOVATION VENTURES, LLC The Court
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  • This Week At The Ninth: Removal Requirements
    - This Week at the Ninth

    This Week At The Ninth: Removal Requirements

    This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the prerequisites for CAFA jurisdiction. MOE V. GEICO INDEMNITY COMPANY,
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  • This Week At The Ninth: Medical Debt Collection
    - This Week at the Ninth

    This Week At The Ninth: Medical Debt Collection

    By: Joel F. Wacks

    This week, the Court rejects a challenge to a Nevada law regulating the collection of medical debt. AARGON AGENCY, INC. v. O’LAUGHLIN The Court rejects a request for a preliminary injunction barring enforcement of a Nevada law requiring debt collectors to give 60-days notice
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