This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO V. BMW OF NORTH AMERICA, LLC The Court holds that a non-signatory car manufacturer …›
This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure for capitalizing a California wildfire fund. AHLSTROM V. DHI MORTGAGE COMPANY, …›
This week, the Ninth Circuit explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate commerce.” NEWTOK VILLAGE v. PATRICK The Court holds that a district court lacked subject …›
This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts. ESQUIVEL v. UNITED STATES OF AMERICA The Court held that the district court correctly dismissed plaintiffs’ claims against the United States arising out of the intentional burning of their property …›
This week, the Court tackles the jurisdictional implications of California’s attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court. ARROYO JR. v. ROSAS The Court holds that a district court can decline to exercise supplemental jurisdiction …›
This week, the Ninth Circuit takes a close look at a sizable antitrust jury award, and explains what constitutes a tax “return” for purposes of bankruptcy law. OPTRONIC TECHNOLOGIES, INC v. NINGBO SUNNY ELECTRONIC CO. LTD. The Court held that sufficient evidence supported a jury verdict …›
This week, the Ninth Circuit applied its “totality of circumstances” test for credibility determinations in immigration proceedings. KUMAR v. GARLAND The Court applied its recent en banc decision in Alam v. Garland, 11 F.4th 1133 (9th Cir. 2021) to hold that because the bulk of the …›
This week, the Ninth Circuit explores what constitutes a hostile work environment and unravels a tricky jurisdictional puzzle that arises when a defendant brings a conditional counterclaim in an action for declaratory relief. FRIED v. WYNN LAS VEGAS LLC The Court holds that an employer’s failure …›
This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State defamation law. WHATSAPP INC. ET AL. V. NSO GROUP TECHNOLOGIES LIMITED …›
This week, the Ninth Circuit explains the requirements for administrative summonses compelling testimony, and addresses whether a farm laborer was subjected to economic duress and undue influence when signing an arbitration agreement. UNITED STATES V. BEN GHEE TAN The Court holds that 19 U.S.C. § 1509(a)(2) …›