This Week at the Ninth: Short Swings and Medicare Advantage
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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 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... ›
This Week at the Ninth: Class Questions
By: Lena H. Hughes
This week, the Ninth Circuit digs into class certification standards for Title IX cases. A.B. AND A.M.B. V. HAWAII STATE DEPARTMENT OF EDUCATION The Court holds that a putative class action by female student athletes of Hawaii’s largest public high school alleging discrimination and... ›This Week at the Ninth: Tribal Sovereign Immunity
By: Lena H. Hughes
This week, the Ninth Circuit takes a deep look at tribal sovereign immunity. OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK The Court holds that the district court lacked subject matter jurisdiction over the plaintiff’s claims arising out of his banishment asserted exclusively against an Alaskan... ›This Week at the Ninth: Twitter and Zoning
This week, the Ninth Circuit considers whether Twitter’s statements about a software bug causing privacy problems were actionable for securities fraud, and whether a zoning ordinance in Salinas, California, violated the Religious Land Use and Institutionalized Persons Act. WESTON FAMILY PARTNERSHIP LLP V. TWITTER,... ›This Week at The Ninth: Federal Accrual Rules And An Alaskan Land-Exchange
By: Lena H. Hughes
This week, the Ninth Circuit addresses whether the principles of Heck v. Humphrey , 512 U.S. 477 (1994) apply to the accrual of federal civil rights claims against a university and considers the Department of Interior’s authority to enter into a land-exchange agreement in... ›This Week at The Ninth: Short Sales and Ripeness
By: Lena H. Hughes
This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. TWITTER, INC. V. KEN PAXTON The Court holds that Twitter’s First... ›This Week at The Ninth: Fire Investigators and Nursing Homes
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK RANCH INCORPORATED The Court holds that the district court abused its discretion in excluding... ›This Week at The Ninth: Class Settlement and Certification
By: James R. Sigel
This week, the Court addresses objectors’ challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who experienced variable injuries. PECK v. SWIFT TRANSPORTATION COMPANY OF ARIZONA,... ›This Week at The Ninth: Credit Reports and Public Unions
By: Lena H. Hughes
This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE SCREENING PROS, LLC The Court holds that a credit reporting... ›This Week at The Ninth: Money, Money, Money, Money
This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. BALLINGER v. CITY OF OAKLAND The Court holds that money may be the subject of a... ›