This week, the Ninth Circuit examines whether a city’s collection of location data from electronic scooters violates the Fourth Amendment, and whether a consumer lender can circumvent state usury laws by making loans through a tribal intermediary. SANCHEZ V. LADOT The Court holds that a Los …›
This week, the Ninth Circuit examines what constitutes securities fraud in connection with data published from a pharmaceutical clinical trial, and decides whether Arizona has standing to challenge conditions on federal grants to the states to deal with COVID. IN RE NEKTAR THERAPEUTICS SECURITIES LITIGATION The …›
This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. SAN FRANCISCO HERRING ASS’N v. U.S. DEPARTMENT OF THE INTERIOR The Court holds that …›
This week, the Ninth Circuit examines whether a Rule 68 offer of judgment overrides a non-final order granting summary judgment, and explores the applicability of the Government Pension Offset to spousal Social Security benefits. KUBIAK V. COUNTY OF RAVALLI The Court holds that when an offer …›
This week, the Ninth Circuit considers the President’s authority to remove the Commissioner of Social Security. KAUFMANN V. KIJAKAZI The Court invalidates that statutory removal provision for the Commissioner of Social Security as unconstitutional, but upholds the Commissioner’s decision denying Plaintiff’s claim for social security benefits. The …›
This week, the Court orders the EPA to reexamine its approval of a pesticide used in pet collars, and addresses the federal statute prohibiting forced labor. NRDC v. EPA The Court holds that EPA denial of a petition to cancel pesticide registration was not supported …›
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 the SEC’s …›
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 retaliation satisfied …›
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 tribe due …›
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, …›