Left Coast Appeals

January 21, 2022 - This Week at the Ninth
This Week at the Ninth: Wait Until Next Time
By: James R. Sigel
This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court order certified for review under section 1292(b). CHILDS v. SAN
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January 14, 2022 - This Week at the Ninth
This Week at the Ninth: Arbitration Two Ways
By: Lena H. Hughes
This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO V. BMW OF NORTH AMERICA, LLC The Court holds that a non-signatory
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January 07, 2022 - This Week at the Ninth
This Week at the Ninth: Delegation and Wildfires
By: Lena H. Hughes
This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure for capitalizing a California wildfire fund. AHLSTROM V. DHI MORTGAGE
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December 30, 2021 - This Week at the Ninth
This Week at the Ninth: Tribal Disputes and Interstate Mushrooms
By: James R. Sigel
This week, the Ninth Circuit explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate commerce.” NEWTOK VILLAGE v. PATRICK The Court holds that a district court
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December 23, 2021 - This Week at the Ninth
This Week at the Ninth: Controlled Burns
By: Lena H. Hughes
This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts. ESQUIVEL v. UNITED STATES OF AMERICA The Court held that the district court correctly dismissed plaintiffs’ claims against the United States arising out of the intentional burning of
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December 17, 2021 - This Week at the Ninth
This Week at The Ninth: Supplemental Jurisdiction and The Unruh Act
By: James R. Sigel
This week, the Court tackles the jurisdictional implications of California’s attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court. ARROYO JR. v. ROSAS The Court holds that a district court can decline to exercise
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December 10, 2021 - This Week at the Ninth
This Week at the Ninth: Telescopes and Tax Returns
By: Lena H. Hughes
This week, the Ninth Circuit takes a close look at a sizable antitrust jury award, and explains what constitutes a tax “return” for purposes of bankruptcy law. OPTRONIC TECHNOLOGIES, INC v. NINGBO SUNNY ELECTRONIC CO. LTD. The Court held that sufficient evidence supported a
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December 03, 2021 - This Week at the Ninth
This Week at the Ninth: Credibility Determinations
By: Lena H. Hughes
This week, the Ninth Circuit applied its “totality of circumstances” test for credibility determinations in immigration proceedings. KUMAR v. GARLAND The Court applied its recent en banc decision in Alam v. Garland , 11 F.4th 1133 (9th Cir. 2021) to hold that because the
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November 22, 2021 - This Week at the Ninth
This Week at the Ninth: Title VII and Discretionary Jurisdiction
By: James R. Sigel
This week, the Ninth Circuit explores what constitutes a hostile work environment and unravels a tricky jurisdictional puzzle that arises when a defendant brings a conditional counterclaim in an action for declaratory relief. FRIED v. WYNN LAS VEGAS LLC The Court holds that an
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November 12, 2021 - This Week at the Ninth
This Week at the Ninth: Sovereign Immunity and Plausible Defamation
By: Lena H. Hughes
This week, the Ninth Circuit examines whether private companies can count as foreign sovereigns for purposes of immunity, and when broad statements can plausibly be read to refer to specific individuals under Washington State defamation law. WHATSAPP INC. ET AL. V. NSO GROUP TECHNOLOGIES
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