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 …›

October 9, 2020 - This Week at the Ninth

This Week at The Ninth: Counterfeiting and Superfund

This week, we examine a Ninth Circuit decision addressing whether a plaintiff pursuing a Lanham Act counterfeiting claim must demonstrate that consumers were likely to be confused (the answer: yes), and another resolving the tricky issue of whether the federal government’s regulation of a …›

October 2, 2020 - This Week at the Ninth

This Week at The Ninth: The FAA and the FAAAA

This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to be unenforceable even …›

September 25, 2020 - This Week at the Ninth

This Week at the Ninth: Class Waiver and FINRA

This week, we take a look at the Ninth Circuit’s decision handing an important victory to banks by declaring FINRA rules against compelled arbitration don’t bar enforcement of class waivers. LAVER v. CREDIT SUISSE SECURITIES (USA), LLC The Court holds that a FINRA rule prohibiting compelled …›

September 17, 2020 - This Week at the Ninth

This Week at The Ninth: Informational Injury and Union Dues

This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to extend the Supreme Court’s decision in Janus to former union-members asserting First Amendment …›