Left Coast Appeals

January 08, 2021 - This Week at the Ninth
This Week at the Ninth: Harassment and Acquiescence
By: James R. Sigel
The Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would ordinarily highlight. But the
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December 31, 2020 - This Week at the Ninth
This Week at The Ninth: Dr. Seuss and Constitutional Cures
By: James R. Sigel
As one might expect, the past two weeks in the Ninth Circuit have been relatively quiet (though emergency litigation concerning California’s shelter-in-place order has kept some panels very busy ). But as always, the Court kept churning out opinions in cases of interest. Here,
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December 17, 2020 - This Week at the Ninth
This Week at the Ninth: Secrets and Specialties
By: James R. Sigel
This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty occupation” visas. ELI ATTIA v. GOOGLE LLC As a matter of first impression,
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December 10, 2020 - This Week at the Ninth
This Week at the Ninth: Trans Fat and Stolen Emails
By: James R. Sigel
This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the Stored Communications Act to emails backed
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December 04, 2020 - This Week at the Ninth
This Week at the Ninth: Willfulness and Waterways
By: James R. Sigel
This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases. Here at Left Coast, however, we’ve focused on two other civil decisions—issued by smaller panels, perhaps, but no less
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November 19, 2020 - This Week at the Ninth
This Week at The Ninth: Answers and Amounts in Controversy
By: James R. Sigel
This week, we take a look at two decisions tackling novel procedural issues. In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not substantiating every aspect of its calculations of the plaintiff’s potential
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November 12, 2020 - This Week at the Ninth
This Week at The Ninth: Collections and Coverage
By: James R. Sigel
This week, we examine one Ninth Circuit decision holding that a debt collector cannot insulate itself from liability under the Federal Debt Collection Practice Act by contractually obligating its clients to provide it with accurate information, and another holding that an HMO’s refusal to
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November 05, 2020 - This Week at the Ninth
This Week at The Ninth: Public Knowledge and Private Counsel
By: James R. Sigel
This week, the Ninth Circuit examines how the loss-causation requirement of a securities-fraud claim may be satisfied in cases involving FOIA disclosures, and considers the application of Younger v. Harris to a State civil-enforcement action pressed by private counsel. DAVID GRIGSBY v. BOFI HOLDING,
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October 29, 2020 - This Week at the Ninth
This Week at The Ninth: Debarred and Debugged
By: James R. Sigel
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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October 22, 2020 - This Week at the Ninth
This Week at The Ninth: FCRA Dicta and Medicare Channeling
By: James R. Sigel
This week, we examine two decisions confronting novel procedural issues. In the first, the Ninth Circuit sought to promote development of the law by encouraging courts to alter how they address claims under the Fair Credit Reporting Act (FCRA). In the second, the Court
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