Keeping Tabs on the Ninth Circuit
  • This Week at the Ninth: Twitter and Zoning
    - This Week at the Ninth

    This Week at the Ninth: Twitter and Zoning

    By: Adam L. Sorensen

    This week, the Ninth Circuit considers whether Twitter’s statements about a software bug causing privacy problems were actionable for securities fraud, and whether a zoning ordinance in Salinas, California, violated the Religious Land Use and Institutionalized Persons Act. WESTON FAMILY PARTNERSHIP LLP V. TWITTER,
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  • This Week at The Ninth: Short Sales and Ripeness
    - This Week at the Ninth

    This Week at The Ninth: Short Sales and Ripeness

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. TWITTER, INC. V. KEN PAXTON The Court holds that Twitter’s First
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  • This Week at The Ninth: Fire Investigators and Nursing Homes
    - This Week at the Ninth

    This Week at The Ninth: Fire Investigators and Nursing Homes

    By: James R. Sigel and Lena H. Hughes

    This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK RANCH INCORPORATED The Court holds that the district court abused its discretion in excluding
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  • This Week at The Ninth: Money, Money, Money, Money
    - This Week at the Ninth

    This Week at The Ninth: Money, Money, Money, Money

    This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. BALLINGER v. CITY OF OAKLAND The Court holds that money may be the subject of a
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  • This Week at the Ninth: Wait Until Next Time
    - This Week at the Ninth

    This Week at the Ninth: Wait Until Next Time

    By: James R. Sigel and Adam L. Sorensen

    This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court order certified for review under section 1292(b). CHILDS v. SAN
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  • This Week at the Ninth: Arbitration Two Ways
    - This Week at the Ninth

    This Week at the Ninth: Arbitration Two Ways

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO V. BMW OF NORTH AMERICA, LLC The Court holds that a non-signatory
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