Keeping Tabs on the Ninth Circuit
  • This Week at the Ninth: Class Objections and Robocalls
    - This Week at the Ninth

    This Week at the Ninth: Class Objections and Robocalls

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on robocalls to cell phones. MOSER v. BENEFYTT The Court holds that a
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  • This Week at the Ninth: Toxic Water and Railroad Taxes
    - This Week at the Ninth

    This Week at the Ninth: Toxic Water and Railroad Taxes

    By: James R. Sigel and Adam L. Sorensen

    This week, the Court examines whether EPA guidance on water toxicity tests could be challenged under the APA, and addresses whether California’s scheme for taxing railroad property contravenes federal law. SOUTHERN CALIFORNIA ALLIANCE v. EPA The Court holds that trade associations for California water
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  • This Week at the Ninth: Beef Speech and Presumptive Plaintiffs
    - This Week at the Ninth

    This Week at the Ninth: Beef Speech and Presumptive Plaintiffs

    By: James R. Sigel and Lena H. Hughes

    This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities Litigation Reform Act. RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA v. VILSACK The Court
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  • The Ninth Quickens its Pace
    - Ninth Circuit Insights

    The Ninth Quickens its Pace

    By: James R. Sigel

    A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12 and 20 months, and even that range may sometimes
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  • This Week at the Ninth: Offshore Occupation
    - This Week at the Ninth

    This Week at the Ninth: Offshore Occupation

    By: Adam L. Sorensen

    This week, the Ninth Circuit resolves a split among trial courts about the application of California labor laws on drilling platforms on the Outer Continental Shelf. IAFETA MAUIA v. PETROCHEM INSULATION, INC. The Court holds that California labor laws requiring meal and rest breaks
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  • This Week at the Ninth: Manuka Honey and Waterslides
    - This Week at the Ninth

    This Week at the Ninth: Manuka Honey and Waterslides

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s pandemic-related shutdown of a waterpark. MOORE v. TRADER
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