Keeping Tabs on the Ninth Circuit

Topic Archives: This Week at the Ninth

  • This Week At The Ninth: Removal Requirements
    - This Week at the Ninth

    This Week At The Ninth: Removal Requirements

    By: Lena H. Hughes

    This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the prerequisites for CAFA jurisdiction. MOE V. GEICO INDEMNITY COMPANY,
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  • This Week At The Ninth: Medical Debt Collection
    - This Week at the Ninth

    This Week At The Ninth: Medical Debt Collection

    By: Joel F. Wacks

    This week, the Court rejects a challenge to a Nevada law regulating the collection of medical debt. AARGON AGENCY, INC. v. O’LAUGHLIN The Court rejects a request for a preliminary injunction barring enforcement of a Nevada law requiring debt collectors to give 60-days notice
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  • This Week At The Ninth: Title IX and Back Labels
    - This Week at the Ninth

    This Week At The Ninth: Title IX and Back Labels

    By: James R. Sigel and Alexandra Avvocato

    This week, the Court considers claims of discrimination based on perceived sexual orientation and addresses when a product’s back label can prevent its front label from being misleading. GRABOWSKI v. ARIZONA BOARD OF REGENTS The Court holds that Title IX bars sexual harassment on
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  • - This Week at the Ninth

    This Week At The Ninth: Trade Dress and Forum Non Conveniens

    By: Joel F. Wacks and Alexandra Avvocato

    This week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses. JASON SCOTT COLLECTION, INC. v. TRENDILY FURNTURE, LLC The Court affirms the district court’s decision holding a defendant liable for trade dress infringement when it copied the image, design,
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  • - This Week at the Ninth

    This Week At The Ninth: Due Process and Immunity

    By: Alexandra Avvocato

    This week, the Court addresses the standard of causation for a “stigma-plus” due process claim under Section 1983 and the scope of the immunity granted to entities deemed Public Health Service employees. CHAUDRY V. ARAGON The Court affirms the district court’s finding that defendants’
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  • This Week At The Ninth: Playing Hooky And Cleanup Costs
    - This Week at the Ninth

    This Week At The Ninth: Playing Hooky And Cleanup Costs

    By: Lena H. Hughes and James R. Sigel

    This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 barred a subsequent action for recovery
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  • This Week At The Ninth: Coercion or Persuasion?
    - This Week at the Ninth

    This Week At The Ninth: Coercion or Persuasion?

    This week, the Court addresses when and how a government official's communications to a private party regarding its distribution of books allegedly promoting misinformation can violate the First Amendment. KENNEDY, JR. v. WARREN The Court holds that Senator Elizabeth Warren’s letter advocating for a
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