Keeping Tabs on the Ninth Circuit

Topic Archives: This Week at the Ninth

  • This Week At The Ninth: Retroactivity and Recalls
    - This Week at the Ninth

    This Week At The Ninth: Retroactivity and Recalls

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot to succeed himself in a recall election. VALIENTE V. SWIFT TRANSPORTATION CO.
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  • This Week at the Ninth: Trademarks and Service
    - This Week at the Ninth

    This Week at the Ninth: Trademarks and Service

    By: James R. Sigel and Adam L. Sorensen

    This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants. PUNCHBOWL, INC. v. AJ PRESS, LLC The Court rejects a Lanham Act challenge to an
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  • This Week at the Ninth: The Tax Injunction Act
    - This Week at the Ninth

    This Week at the Ninth: The Tax Injunction Act

    By: Adam L. Sorensen

    This week, the Ninth Circuit considers whether the Tax Injunction Act bars online merchants from asking a federal court to enjoin California’s sales tax scheme requiring them to obtain seller’s permits. ONLINE MERCHANTS GUILD V. NICOLAS MADUROS The Court holds that the Tax Injunction
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  • This Week at the Ninth: Compensable Time and ADA Fees
    - This Week at the Ninth

    This Week at the Ninth: Compensable Time and ADA Fees

    By: James R. Sigel and Adam L. Sorensen

    This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants. CADENA v. CUSTOMER CONNEXX LLC The Court holds that time spent booting
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  • This Week At The Ninth: Robocalls and Retaliation
    - This Week at the Ninth

    This Week At The Ninth: Robocalls and Retaliation

    By: James R. Sigel and Lena H. Hughes

    This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. WAKEFIELD v. VISALUS, INC. The Court holds a defendant waived reliance on the FCC’s
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  • This Week at the Ninth: Is This Speech?
    - This Week at the Ninth

    This Week at the Ninth: Is This Speech?

    By: Lena H. Hughes

    This week, the Ninth Circuit grapples with a challenge to California’s law for classifying workers as a content-based regulation of speech. MOBILIZE THE MESSAGE, LLC ET AL. V. ROB BONTA The Court holds that plaintiffs’ First Amendment challenge to California’s differential treatment of doorknockers
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