This Week At The Ninth: Declaratory Judgments and Pension Plans
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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, the Court explains the limits of the Declaratory Judgment Act and employers’ liability for withdrawal from multiemployer pension plans. CITY OF RENO v. NETFLIX The Court holds that the Declaratory Judgment Act does not authorize a plaintiff to obtain affirmative relief when... ›
This Week at the Ninth: Compensable Time and ADA Fees
By: James R. Sigel and Adam L. SorensenThis week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants. CADENA v. CUSTOMER CONNEXX LLC The Court holds that time spent booting... ›
This Week At The Ninth: Robocalls and Retaliation
By: James R. Sigel and Lena H. HughesThis week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. WAKEFIELD v. VISALUS, INC. The Court holds a defendant waived reliance on the FCC’s... ›
This Week at the Ninth: Is This Speech?
By: Lena H. HughesThis week, the Ninth Circuit grapples with a challenge to California’s law for classifying workers as a content-based regulation of speech. MOBILIZE THE MESSAGE, LLC ET AL. V. ROB BONTA The Court holds that plaintiffs’ First Amendment challenge to California’s differential treatment of doorknockers... ›
This Week at the Ninth: Flight Paths and Time Bars
By: James R. SigelThis week, the Court examines the jurisdictional limits on challenges to agency action in evaluating the FAA’s flight paths for Burbank and Van Nuys airports. SAVE OUR SKIES LA v. FAA The Court holds it lacks jurisdiction to consider challenges to FAA flight paths... ›
This week at the Ninth: Bull Trout and Claim Preclusion
By: James R. SigelThis week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. SAVE THE BULL TROUT v. WILLIAMS The Court holds that claim preclusion bars plaintiffs from reasserting claims dismissed for lack of... ›
This Week at the Ninth: Supplemental Jurisdiction Declined
By: Lena H. HughesThis week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI The Court holds that a district court properly declined to exercise supplemental jurisdiction... ›
This Week at the Ninth: Implied FDCA Preemption
By: Lena H. HughesThis week, the Ninth Circuit addresses the statutory prohibition on private enforcement actions under the Food, Drug, and Cosmetic Act. NEXUS PHARMACEUTICALS, INC. V. CENTRAL ADMIXTURE PHARMACY SERVICES, INC. The Court holds that a drug manufacturer’s suit against a compounding pharmacy for violating state... ›
This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts
By: James R. Sigel and Adam L. SorensenThis week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title IX discrimination claim. AGUILAR v. WALGREEN CO. The Court... ›
This Week at the Ninth: School Groups and Minimum Contacts
By: Lena H. HughesThis week, the Ninth Circuit addresses the constitutionality of a school district’s decision to revoke official status for a student group that disapproves of same sex relationships, and the minimum contacts necessary to exercise personal jurisdiction over a foreign adult entertainment website. FELLOWSHIP OF... ›