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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.

November 18, 2022 - This Week at the Ninth
This Week at the Ninth: Trademarks and Service
By: James R. Sigel
This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants. PUNCHBOWL, INC. v. AJ PRESS, LLC The Court rejects a Lanham Act challenge to an
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November 11, 2022 - This Week at the Ninth
This Week at the Ninth: The Tax Injunction Act
This week, the Ninth Circuit considers whether the Tax Injunction Act bars online merchants from asking a federal court to enjoin California’s sales tax scheme requiring them to obtain seller’s permits. ONLINE MERCHANTS GUILD V. NICOLAS MADUROS The Court holds that the Tax Injunction
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November 04, 2022 - This Week at the Ninth
This Week At The Ninth: Declaratory Judgments and Pension Plans
By: James R. Sigel
This week, the Court explains the limits of the Declaratory Judgment Act and employers’ liability for withdrawal from multiemployer pension plans. CITY OF RENO v. NETFLIX The Court holds that the Declaratory Judgment Act does not authorize a plaintiff to obtain affirmative relief when
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October 28, 2022 - This Week at the Ninth
This Week at the Ninth: Compensable Time and ADA Fees
By: James R. Sigel
This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants. CADENA v. CUSTOMER CONNEXX LLC The Court holds that time spent booting
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October 21, 2022 - This Week at the Ninth
This Week At The Ninth: Robocalls and Retaliation
By: James R. Sigel
This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. WAKEFIELD v. VISALUS, INC. The Court holds a defendant waived reliance on the FCC’s
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October 14, 2022 - This Week at the Ninth
This Week at the Ninth: Is This Speech?
This week, the Ninth Circuit grapples with a challenge to California’s law for classifying workers as a content-based regulation of speech. MOBILIZE THE MESSAGE, LLC ET AL. V. ROB BONTA The Court holds that plaintiffs’ First Amendment challenge to California’s differential treatment of doorknockers
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October 07, 2022 - This Week at the Ninth
This Week at the Ninth: Flight Paths and Time Bars
By: James R. Sigel
This week, the Court examines the jurisdictional limits on challenges to agency action in evaluating the FAA’s flight paths for Burbank and Van Nuys airports. SAVE OUR SKIES LA v. FAA The Court holds it lacks jurisdiction to consider challenges to FAA flight paths
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September 30, 2022 - This Week at the Ninth
This week at the Ninth: Bull Trout and Claim Preclusion
By: James R. Sigel
This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. SAVE THE BULL TROUT v. WILLIAMS The Court holds that claim preclusion bars plaintiffs from reasserting claims dismissed for lack of
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September 23, 2022 - This Week at the Ninth
This Week at the Ninth: Supplemental Jurisdiction Declined
This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI The Court holds that a district court properly declined to exercise supplemental jurisdiction
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September 16, 2022 - This Week at the Ninth
This Week at the Ninth: Implied FDCA Preemption
This week, the Ninth Circuit addresses the statutory prohibition on private enforcement actions under the Food, Drug, and Cosmetic Act. NEXUS PHARMACEUTICALS, INC. V. CENTRAL ADMIXTURE PHARMACY SERVICES, INC. The Court holds that a drug manufacturer’s suit against a compounding pharmacy for violating state
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Welcome to Left Coast Appeals

This Week at the Ninth: Trademarks and Service

By: James R. Sigel

This Week at the Ninth: The Tax Injunction Act

This Week At The Ninth: Declaratory Judgments and Pension Plans

By: James R. Sigel

This Week at the Ninth: Compensable Time and ADA Fees

By: James R. Sigel

This Week At The Ninth: Robocalls and Retaliation

By: James R. Sigel

This Week at the Ninth: Is This Speech?

This Week at the Ninth: Flight Paths and Time Bars

By: James R. Sigel

This week at the Ninth: Bull Trout and Claim Preclusion

By: James R. Sigel

This Week at the Ninth: Supplemental Jurisdiction Declined

This Week at the Ninth: Implied FDCA Preemption