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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.

Follow us on Twitter @LeftCoastAppeal. And check out our sister blog Federal Circuitry, which takes a data-driven look at the Federal Circuit.

July 26, 2022 - This Week at the Ninth
This Week at the Ninth: Nationwide Contacts
By: Lena H. Hughes
This week, the Ninth Circuit digs into a personal jurisdiction case involving a Vietnamese music company. LANG VAN, INC. v. VNG CORPORATION The Court holds that exercising personal jurisdiction over a Vietnamese company was appropriate under Rule 4(k)(2) where the plaintiff’s federal claims alleged
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July 15, 2022 - This Week at the Ninth
This Week at the Ninth: Unpaid Sellers and Waived Trial Rights
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit determines whether an online produce wholesaler can file suit under the Perishable Agricultural Commodities Act, and answers a novel question about whether a party that contractually waived its jury trial rights can object to an opponent’s withdrawal of a
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July 08, 2022 - This Week at the Ninth
This Week at The Ninth: Class Certification and Misclassification
By: James R. Sigel
This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. BOWERMAN v. FIELD ASSET SERVICES, INC. The Court holds that variations in
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July 01, 2022 - This Week at the Ninth
This Week at The Ninth: Intervention and Arbitration
By: James R. Sigel and Adam L. Sorensen
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. CALLAHAN v. BROOKDALE SENIOR LIVING COMMUNITIES The Court rejects the attempt of an
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June 28, 2022 - Ninth Circuit Insights
How do Rule 23(f) petitions fare in the Ninth Circuit?
By: Joseph R. Palmore
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor Bryan Lammon. Background Federal Rule of Civil Procedure 23(f)
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June 27, 2022 - This Week at the Ninth
This Week at The Ninth: Sacred Land and Municipal Good Faith
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit addresses a religion-based challenge to a federal-government land transfer and considers whether public-sector employees can obtain refunds of mandatory union fees since deemed unconstitutional. APACHE STRONGHOLD v. UNITED STATES OF AMERICA The Court holds that plaintiffs challenging the U.S.
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June 17, 2022 - This Week at the Ninth
This Week at The Ninth: Drug Tests and Attorney's Fees
By: Lena H. Hughes
This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). JOHNSON V. WINCO FOODS The Court holds that job applicants to
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June 10, 2022 - This Week at the Ninth
This Week at The Ninth: PJ
This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA The Court vacates the district court’s dismissal for lack of personal jurisdiction and holds that a
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June 03, 2022 - This Week at the Ninth
This Week at The Ninth: No Fly and State Rules
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit again revives a plaintiff’s challenge to the government’s (since revoked) decision to place him on the No Fly List, and it wrestles with the application of Washington State’s procedural requirements for filing medical malpractice claims. FIKRE v. FEDERAL BUREAU
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May 27, 2022 - This Week at the Ninth
This Week at The Ninth: E-Scooters and Usury
By: Adam L. Sorensen
This week, the Ninth Circuit examines whether a city’s collection of location data from electronic scooters violates the Fourth Amendment, and whether a consumer lender can circumvent state usury laws by making loans through a tribal intermediary. SANCHEZ V. LADOT The Court holds that
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