Keeping Tabs on the Ninth Circuit
  • This Week at The Ninth: Intervention and Arbitration
    - 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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  • This Week at The Ninth: Sacred Land and Municipal Good Faith
    - 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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  • This Week at The Ninth: PJ
    - 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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  • This Week at The Ninth: No Fly and State Rules
    - 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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  • This Week at The Ninth: E-Scooters and Usury
    - 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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  • This Week at The Ninth: Cancer Drugs and COVID Grants
    - This Week at the Ninth

    This Week at The Ninth: Cancer Drugs and COVID Grants

    By: Lydia Davenport and Adam L. Sorensen

    This week, the Ninth Circuit examines what constitutes securities fraud in connection with data published from a pharmaceutical clinical trial, and decides whether Arizona has standing to challenge conditions on federal grants to the states to deal with COVID. IN RE NEKTAR THERAPEUTICS SECURITIES
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  • This Week at The Ninth: Herring and Delay
    - This Week at the Ninth

    This Week at The Ninth: Herring and Delay

    By: James R. Sigel

    This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. SAN FRANCISCO HERRING ASS’N v. U.S. DEPARTMENT OF THE INTERIOR The Court
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  • This Week at The Ninth: Offers and Offsets
    - This Week at the Ninth

    This Week at The Ninth: Offers and Offsets

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Ninth Circuit examines whether a Rule 68 offer of judgment overrides a non-final order granting summary judgment, and explores the applicability of the Government Pension Offset to spousal Social Security benefits. KUBIAK V. COUNTY OF RAVALLI The Court holds that when
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