Left Coast Appeals

September 22, 2023 - This Week at the Ninth
This Week At The Ninth: The Public Interest Exemption to California’s Anti-SLAPP Law
By: Joel F. Wacks and Alexandra Avvocato
This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such orders are appealable in the first place. MARTINEZ v.
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September 15, 2023 - This Week at the Ninth
This Week At The Ninth: Personal Jurisdiction and Forest Fires
By: Alexandra Avvocato
This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management project. IMPOSSIBLE FOODS, INC. v. IMPOSSIBLE X LLC The Court holds that the district court
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September 08, 2023 - This Week at the Ninth
This Week At The Ninth: COVID
By: James R. Sigel and Alexandra Avvocato
This week, the Ninth Circuit considers whether COVID-testing providers have a private right of action for reimbursement and addresses a landlord’s standing to challenge a COVID-related eviction moratorium. SALOOJAS, INC. v. AETNA HEALTH OF CALIFORNIA, INC. The Court holds that the Coronavirus Aid, Relief,
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August 25, 2023 - This Week at the Ninth
This Week At The Ninth: ERISA and FERC
By: Joel F. Wacks
This week, the Ninth Circuit considers ERISA claims alleging that a plan administrator unlawfully utilized internal guidelines more stringent than the terms of plaintiffs’ plans and the statute of limitations for an action by the Federal Energy Regulatory Commission. WIT v. UNITED BEHAVIORAL HEALTH
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August 18, 2023 - This Week at the Ninth
This Week At The Ninth: Turbines and Protein
By: James R. Sigel and Alexandra Avvocato
This week, the Ninth Circuit tackles two issues of regulatory interpretation, addressing the Federal Aviation Administration’s rules governing challenges to “no hazard” determinations and the Food and Drug Administration’s rules governing protein-content claims. BACKCOUNTRY AGAINST DUMPS v. FEDERAL AVIATION ADMINISTRATION The Court holds that
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August 11, 2023 - This Week at the Ninth
This Week At The Ninth: Inaudible Texts and Bankruptcy Fees
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an unconstitutionally nonuniform bankruptcy provision are entitled to a refund. TRIM v. REWARD
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August 04, 2023 - This Week at the Ninth
This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion
By: Joel F. Wacks
This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V. FIREMAN’S FUND INSURANCE CO. The Court affirms dismissal of Oregon Clinic’s claims
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July 28, 2023 - This Week at the Ninth
This Week at the Ninth: Arbitration Estoppel and ADA Fees
By: James R. Sigel
This week, the Court addresses a plaintiff’s ability to opt out of an arbitration provision after the district court has compelled arbitration and considers a court’s power to award fees under the Americans with Disabilities Act (ADA) after the plaintiff’s suit has been dismissed
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July 24, 2023 - This Week at the Ninth
This Week At The Ninth: Price Discrimination and Copyright
By: Joel F. Wacks and Alexandra Avvocato
This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered work. U.S. WHOLESALE OUTLET & DISTRIBUTION, INC. V. INNOVATION VENTURES, LLC The Court
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July 14, 2023 - This Week at the Ninth
This Week At The Ninth: Removal Requirements
By: Lena H. Hughes
This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the prerequisites for CAFA jurisdiction. MOE V. GEICO INDEMNITY COMPANY,
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