Left Coast Appeals

December 23, 2021 - This Week at the Ninth
This Week at the Ninth: Controlled Burns
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
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
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
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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November 05, 2021 - This Week at the Ninth
This Week at The Ninth: Compulsion and Coercion
This week, the Ninth Circuit explains the requirements for administrative summonses compelling testimony, and addresses whether a farm laborer was subjected to economic duress and undue influence when signing an arbitration agreement. UNITED STATES V. BEN GHEE TAN The Court holds that 19 U.S.C.
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October 28, 2021 - This Week at the Ninth
This Week at the Ninth: Cars and Chickens
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. CDK GLOBAL LLC v. BRNOVICH The Court holds that plaintiffs were
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October 22, 2021 - This Week at the Ninth
This Week at the Ninth: Schedules and Informants
This week, the Ninth Circuit explains the ins-and-outs of property abandonment under the Bankruptcy Code, and explores the government’s privilege to withhold the identity of informants in discovery. IN RE STEVENS The Court holds that 11 U.S.C. § 554(c), a provision of the Bankruptcy Code
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October 15, 2021 - This Week at the Ninth
This Week at The Ninth: Conspiracy Theories
This week, the Ninth Circuit explores permissible theories of liability in a bank fraud conspiracy case. USA V. DIANA YATES The Court holds that theories of conspiracy liability premised on a bank’s right to accurate information and its right not to continue to pay
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