September 17, 2021 - This Week at the Ninth

This Week at The Ninth: PowerPoints and Payday Loans

This week, the Court revives an ERISA claim and compels arbitration of a dispute over tribal internet payday loans. WARMENHOVEN v. NETAPP, INC. The Court holds that PowerPoint presentations did not constitute plan documents and thus any representations in them could not override ERISA’s default rule …›

September 10, 2021 - This Week at the Ninth

This Week in the Ninth: City Skylines and Stadium Seating

This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator seating. BELL v. WILMOTT STORAGE SERVICES, LLC The Court holds that the “de …›

August 13, 2021 - This Week at the Ninth

This Week at the Ninth: Class Objections and Robocalls

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 defendant does …›

August 6, 2021 - This Week at the Ninth

This Week at the Ninth: Toxic Water and Railroad Taxes

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 treatment …›

July 29, 2021 - This Week at the Ninth

This Week at the Ninth: Beef Speech and Presumptive Plaintiffs

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 holds that …›

July 22, 2021 - This Week at the Ninth

This Week at the Ninth: Offshore Occupation

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 do …›

July 16, 2021 - This Week at the Ninth

This Week at the Ninth: Manuka Honey and Waterslides

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 JOE’S …›

July 8, 2021 - This Week at the Ninth

This Week at the Ninth: Drug Tests and Foreign Arbitration

This week, the Ninth Circuit considers a challenge to the constitutionality of the FAA’s regulations governing drug and alcohol testing for air-carrier employees, and it wrestles with difficult choice-of-law questions concerning foreign arbitration agreements. REGENCY AIR, LLC v. DICKSON The Court holds that FAA regulations requiring …›