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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.

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June 24, 2021 - This Week at the Ninth
This Week at the Ninth: Injured Discriminators and Rails-to-Trails
By: James R. Sigel and Adam L. Sorensen
This week, the Ninth Circuit addresses whether a corporate shareholder has standing to challenge a statute allegedly requiring the corporation to discriminate, and considers the interaction between the 1922 Abandoned Railroad Right of Way Act and the 1988 Rails-to-Trails Act. MELAND v. WEBER The
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June 17, 2021 - This Week at the Ninth
This Week at the Ninth: Formation Trials and Tribal Corporations
By: James R. Sigel
This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation and the tribe itself. HANSEN v. LMB MORTGAGE SERVICES, INC. The Court
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June 11, 2021 - This Week at the Ninth
This Week at the Ninth: Poultry Preemption and ERISA Estoppel
By: James R. Sigel and Adam L. Sorensen
This week, we take a look at a decision examining the preemptive effect of the Poultry Products Inspection Act, and another considering the interaction between the Employee Retirement Income Security Act and principles of equitable estoppel. WEBB v. TRADER JOE'S COMPANY The Court holds
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June 04, 2021 - This Week at the Ninth
This Week at the Ninth: The IGRA “Two-Step” and Class Action Collusion
By: James R. Sigel
This week: the Ninth Circuit elaborates on the Indian Gaming Regulation Act’s “two-step determination” regarding the effects of a new casino on tribal land and clarifies when a post-certification class action settlement agreement is unfair and collusive. KALISPEL TRIBE OF INDIANS V. U.S. DEPARTMENT
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May 28, 2021 - This Week at the Ninth
This Week at the Ninth: Independent or Intertwined?
By: James R. Sigel
This week, the Ninth Circuit simultaneously issued two decisions addressing the circumstances in which equitable estoppel can require a plaintiff to arbitrate a claim absent an arbitration agreement with the defendant. In the first, the Court held that a plaintiff could not be held
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May 21, 2021 - This Week at the Ninth
This Week at the Ninth: Arbitration and Declarations
By: James R. Sigel and Adam L. Sorensen
This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments relating to tax withholding in real estate transactions with foreign
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May 18, 2021 - This Week at the Ninth
This Week at the Ninth: Bellwether
By: Adam L. Sorensen
This week, we take a close look at an appeal from the first jury trial in a flood of litigation alleging that a popular pesticide causes cancer. EDWIN HARDEMAN V. MONSANTO COMPANY The Court affirms a jury verdict and damages award in the first
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May 07, 2021 - This Week at the Ninth
This Week at the Ninth: Preemption, New and Old
By: Adam L. Sorensen
This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens. HOWARD JARVIS TAXPAYERS ASS'N V. CA SECURE CHOICE RETIRE. SVG. The Court holds ERISA does not preempt a
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April 23, 2021 - This Week at the Ninth
This Week at the Ninth: Falsity and Fiduciaries
By: James R. Sigel and Adam L. Sorensen
This week, we examine a pair of Ninth Circuit decisions addressing when opinions are materially false under securities law, and what a plaintiff must plead to establish a duty-of-prudence violation under the Employee Retirement Income Security Act. GOLUB v. GIGAMON INC. The Ninth Circuit holds
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April 16, 2021 - This Week at the Ninth
This Week at the Ninth: Sand Dredgers and the Duty to Defend
By: James R. Sigel and Adam L. Sorensen
This week, we take a look at a decision addressing the proper reading of “because” in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation brought by the state. THOMAS v. CALPORTLAND COMPANY The Court holds
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