This Week at The Ninth: Intervention and Arbitration
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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 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... ›
How do Rule 23(f) petitions fare in the Ninth Circuit?
By: Joseph R. PalmoreThe 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)... ›
This Week at The Ninth: Sacred Land and Municipal Good Faith
By: James R. Sigel and Lena H. HughesThis 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.... ›
This Week at The Ninth: Drug Tests and Attorney's Fees
By: Lena H. HughesThis 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... ›
This Week at The Ninth: PJThis 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... ›
This Week at The Ninth: No Fly and State Rules
By: James R. Sigel and Lena H. HughesThis 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... ›
This Week at The Ninth: E-Scooters and Usury
By: Adam L. SorensenThis 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... ›
This Week at The Ninth: Cancer Drugs and COVID Grants
By: Lydia Davenport and Adam L. SorensenThis 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... ›
This Week at The Ninth: Herring and Delay
By: James R. SigelThis 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... ›
This Week at The Ninth: Offers and Offsets
By: Lena H. Hughes and Adam L. SorensenThis 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... ›