Keeping Tabs on the Ninth Circuit
  • 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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  • This Week at the Ninth: Delegation and Wildfires
    - This Week at the Ninth

    This Week at the Ninth: Delegation and Wildfires

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure for capitalizing a California wildfire fund. AHLSTROM V. DHI MORTGAGE
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  • This Week at the Ninth: Controlled Burns
    - This Week at the Ninth

    This Week at the Ninth: Controlled Burns

    By: Lena H. Hughes

    This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts. ESQUIVEL v. UNITED STATES OF AMERICA The Court held that the district court correctly dismissed plaintiffs’ claims against the United States arising out of the intentional burning of
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  • This Week at the Ninth: Telescopes and Tax Returns
    - This Week at the Ninth

    This Week at the Ninth: Telescopes and Tax Returns

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Ninth Circuit takes a close look at a sizable antitrust jury award, and explains what constitutes a tax “return” for purposes of bankruptcy law. OPTRONIC TECHNOLOGIES, INC v. NINGBO SUNNY ELECTRONIC CO. LTD. The Court held that sufficient evidence supported a
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  • This Week at The Ninth: Compulsion and Coercion
    - This Week at the Ninth

    This Week at The Ninth: Compulsion and Coercion

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Ninth Circuit explains the requirements for administrative summonses compelling testimony, and addresses whether a farm laborer was subjected to economic duress and undue influence when signing an arbitration agreement. UNITED STATES V. BEN GHEE TAN The Court holds that 19 U.S.C.
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