Keeping Tabs on the Ninth Circuit
  • This Week at the Ninth: Compensable Time and ADA Fees
    - This Week at the Ninth

    This Week at the Ninth: Compensable Time and ADA Fees

    By: James R. Sigel and Adam L. Sorensen

    This 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
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  • This Week At The Ninth: Robocalls and Retaliation
    - This Week at the Ninth

    This Week At The Ninth: Robocalls and Retaliation

    By: James R. Sigel and Lena H. Hughes

    This 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
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  • This Week at the Ninth: Is This Speech?
    - This Week at the Ninth

    This Week at the Ninth: Is This Speech?

    By: Lena H. Hughes

    This 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
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  • This Week at the Ninth: Implied FDCA Preemption
    - This Week at the Ninth

    This Week at the Ninth: Implied FDCA Preemption

    By: Lena H. Hughes

    This 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
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