Left Coast Appeals
Keeping Tabs on the Ninth Circuit

Topic Archives: This Week at the Ninth

  • This Week at The Ninth: Debarred and Debugged
    - This Week at the Ninth

    This Week at The Ninth: Debarred and Debugged

    By: James R. Sigel and Adam L. Sorensen

    This week, the Court knocks down a party’s argument that it was “de facto debarred” from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act suits. THORNE v. U.S. DEPARTMENT OF STATE The
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  • This Week at The Ninth: Counterfeiting and Superfund
    - This Week at the Ninth

    This Week at The Ninth: Counterfeiting and Superfund

    By: James R. Sigel and Adam L. Sorensen

    This week, we examine a Ninth Circuit decision addressing whether a plaintiff pursuing a Lanham Act counterfeiting claim must demonstrate that consumers were likely to be confused (the answer: yes), and another resolving the tricky issue of whether the federal government’s regulation of a
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  • This Week at The Ninth: The FAA and the FAAAA
    - This Week at the Ninth

    This Week at The Ninth: The FAA and the FAAAA

    By: James R. Sigel and Adam L. Sorensen

    This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to be unenforceable even
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  • This Week at the Ninth: Class Waiver and FINRA
    - This Week at the Ninth

    This Week at the Ninth: Class Waiver and FINRA

    By: Samuel Benjamin Goldstein and Adam L. Sorensen

    This week, we take a look at the Ninth Circuit’s decision handing an important victory to banks by declaring FINRA rules against compelled arbitration don’t bar enforcement of class waivers. LAVER v. CREDIT SUISSE SECURITIES (USA), LLC The Court holds that a FINRA rule
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  • This Week at The Ninth: Informational Injury and Union Dues
    - This Week at the Ninth

    This Week at The Ninth: Informational Injury and Union Dues

    By: James R. Sigel and Adam L. Sorensen

    This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to extend the Supreme Court’s decision in Janus to former union-members asserting First Amendment
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  • This Week at The Ninth: Jersey Boys and Restroom Doors
    - This Week at the Ninth

    This Week at The Ninth: Jersey Boys and Restroom Doors

    By: James R. Sigel and Adam L. Sorensen

    This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's burden-shifting framework. CORBELLO v. VALLI The Court holds that factual descriptions
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  • This Week at the Ninth: Long Arms and Sore Backs
    - This Week at the Ninth

    This Week at the Ninth: Long Arms and Sore Backs

    By: James R. Sigel and Adam L. Sorensen

    This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’ Compensation Act. GLOBAL COMM. TRADING GRP. v. BENEFICIO DE ARROZ CHOLOMA
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  • This Week at the Ninth: In Rem and Out of Time
    - This Week at the Ninth

    This Week at the Ninth: In Rem and Out of Time

    By: Adam L. Sorensen

    This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it does not). UNITED STATES v. TAREK OBAID The Court held
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