This Week at The Ninth: Drug Tests and Attorney's Fees
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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 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: 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... ›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... ›This Week at The Ninth: E-Scooters and Usury
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... ›This Week at The Ninth: Cancer Drugs and COVID Grants
By: Lydia Davenport
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... ›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... ›This Week at The Ninth: Offers and Offsets
By: Lena H. Hughes
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... ›This Week At The Ninth: Removal Power
This week, the Ninth Circuit considers the President’s authority to remove the Commissioner of Social Security. KAUFMANN V. KIJAKAZI The Court invalidates that statutory removal provision for the Commissioner of Social Security as unconstitutional, but upholds the Commissioner’s decision denying Plaintiff’s claim for social... ›This Week at The Ninth: Flea Collars and Milkers
By: James R. Sigel
This week, the Court orders the EPA to reexamine its approval of a pesticide used in pet collars, and addresses the federal statute prohibiting forced labor. NRDC v. EPA The Court holds that EPA denial of a petition to cancel pesticide registration was not... ›This Week at the Ninth: Short Swings and Medicare Advantage
By: James R. Sigel
This week, the Ninth Circuit addresses short-swing transactions involving board-approved stock option grants and considers the preemptive scope of the Medicare Act. ALPHA VENTURE CAPITAL PARTNERS LP v. POURHASSEN The Court holds that state corporate law determines the requisite board “approval” required to satisfy... ›