Left Coast Appeals

March 24, 2023 - This Week at the Ninth
This Week At The Ninth: Housing Discrimination and Group Boycotts
By: Diana Li Kim and Alexandra Avvocato
This week, the Court addresses the constitutionality of a law protecting housing access for people with criminal histories, and the elements of a per se unlawful group boycott under the Sherman Antitrust Act. CHONG YIM ET AL. v. CITY OF SEATTLE The Court holds
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March 17, 2023 - This Week at the Ninth
This Week At The Ninth: Individualized Issues And Secret Proceedings
By: James R. Sigel and Joel F. Wacks
This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations. VAN v. LLR, INC. The Court holds that the district court failed to properly consider whether
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March 10, 2023 - This Week at the Ninth
This Week At The Ninth: Sham Phone Operations and E-Cigarettes
By: James R. Sigel and Alexandra Avvocato
This week, the Court addresses the FCC’s adjudicatory authority and considers the scope of specific personal jurisdiction in product-liability suits. WIDE VOICE, LLC v. FEDERAL COMMUNICATIONS COMMISSION The Court holds that the Federal Communications Commission (“FCC”) did not exceed its authority in finding that
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February 24, 2023 - This Week at the Ninth
This Week At The Ninth: Expressive Association and the Defense Contractor Whistleblower Protection Act
By: Diana Li Kim and Alexandra Avvocato
This week, the Court addresses the scope of the expressive association right and the definition of a protected disclosure under the Defense Contractor Whistleblower Protection Act. SULLIVAN ET AL. V. UNIVERSITY OF WASHINGTON ET AL. The Court holds that the First Amendment right of
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February 17, 2023 - This Week at the Ninth
This Week At The Ninth: Live Nation Arbitration
By: Joel F. Wacks
This week, the Court addresses the enforceability of an arbitration provision in Live Nation and Ticketmaster’s terms of use. OBERSTEIN V. LIVE NATION ENTERTAINMENT, INC. The Court holds that Live Nation and Ticketmaster’s terms of use contain a valid and enforceable arbitration agreement. The
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February 10, 2023 - This Week at the Ninth
This Week At The Ninth: Justiciability of Trademark Disputes
By: Lena H. Hughes
This week, the Court addresses whether a validity challenge to a trademark remains justiciable after a judgment of non-infringement. SAN DIEGO COUNTY CREDIT UNION V. CITIZENS EQUITY FIRST CREDIT UNION The Court holds that the district court lacked Article III jurisdiction to determine the
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February 03, 2023 - This Week at the Ninth
This Week At The Ninth: Bivens and Montana Insurance Law
By: Alexandra Avvocato and Joel F. Wacks
This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. MARK PETTIBONE ET AL. V. GABRIEL RUSSELL ET AL. The Court holds that a Bivens cause of
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January 27, 2023 - This Week at the Ninth
This Week At The Ninth: Securities Fraud
By: Diana Li Kim
This week, the Court addresses the pleading standard for a claim of false or misleading statements in connection with a tender offer under Section 14(e) of the Securities Exchange Act of 1934. ROBERT GRIER V. FINJAN HOLDINGS, INC. The Court holds that Section 14(e)
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January 20, 2023 - This Week at the Ninth
This Week At The Ninth: Cannabis Law
By: Alexandra Avvocato
This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law. FRANCINE SHULMAN ET AL. V. TODD KAPLAN ET AL. The Court holds that plaintiffs do not have statutory standing under the Racketeer
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January 13, 2023 - This Week at the Ninth
This Week At The Ninth: The First Amendment and Disability Rights in the OC
By: James R. Sigel and Joel F. Wacks
This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. LATHUS v. CITY OF HUNTINGTON BEACH The Court holds that
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