January 15, 2021 - This Week at the Ninth

This Week at the Ninth: Habeas and Hair Loss

This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law challenges to dietary supplement labeling. JOSE BELLO-REYES v. PETER GAYNOR The Court holds that the …›

December 17, 2020 - This Week at the Ninth

This Week at the Ninth: Secrets and Specialties

This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty occupation” visas. ELI ATTIA v. GOOGLE LLC As a matter of first impression, the Court …›

December 10, 2020 - This Week at the Ninth

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the Stored Communications Act to emails backed …›

December 4, 2020 - This Week at the Ninth

This Week at the Ninth: Willfulness and Waterways

This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases. Here at Left Coast, however, we’ve focused on two other civil decisions—issued by smaller panels, perhaps, but no less …›

November 19, 2020 - This Week at the Ninth

This Week at The Ninth: Answers and Amounts in Controversy

This week, we take a look at two decisions tackling novel procedural issues. In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not substantiating every aspect of its calculations of the plaintiff’s potential …›

November 12, 2020 - This Week at the Ninth

This Week at The Ninth: Collections and Coverage

This week, we examine one Ninth Circuit decision holding that a debt collector cannot insulate itself from liability under the Federal Debt Collection Practice Act by contractually obligating its clients to provide it with accurate information, and another holding that an HMO’s refusal to …›

November 5, 2020 - This Week at the Ninth

This Week at The Ninth: Public Knowledge and Private Counsel

This week, the Ninth Circuit examines how the loss-causation requirement of a securities-fraud claim may be satisfied in cases involving FOIA disclosures, and considers the application of Younger v. Harris to a State civil-enforcement action pressed by private counsel. DAVID GRIGSBY v. BOFI HOLDING, INC. The …›

October 29, 2020 - This Week at the Ninth

This Week at The Ninth: Debarred and Debugged

This week, the Court knocks down a party’s argument that it was “de facto debarred” from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act suits. THORNE v. U.S. DEPARTMENT OF STATE The Court rejects …›