Left Coast Appeals

January 13, 2023 - This Week at the Ninth
This Week At The Ninth: The First Amendment and Disability Rights in the OC
By: James R. Sigel and Joel F. Wacks
This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. LATHUS v. CITY OF HUNTINGTON BEACH The Court holds that
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December 30, 2022 - This Week at the Ninth
This Week At The Ninth: Speech and Schools
By: Alexandra Avvocato
This week, the Court considers when the First Amendment limits the ability to discipline students for private off-campus speech. KEVIN CHEN ET AL. V. ALBANY UNIFIED SCHOOL DISTRICT ET AL. The Court holds that a public school may, consistent with the First Amendment, discipline
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December 23, 2022 - This Week at the Ninth
This Week At The Ninth: Arbitration and Social Media
By: Lena H. Hughes
This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and holds that mass social media communications can qualify as solicitations
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December 16, 2022 - This Week at the Ninth
This Week At The Ninth: Deceptive Financial Advisory Services and Religious Speech
By: Alexandra Avvocato
This week, the Court addresses the definition of “financial advisory services” under the Consumer Financial Protection Act and whether a plaintiff’s allegations of First Amendment violations plausibly stated a claim under Federal Rule of Civil Procedure 12(b)(6). CONSUMER FINANCIAL PROTECTION BUREAU V. ARIA The
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December 09, 2022 - This Week at the Ninth
This Week At The Ninth: Abstention and the Golden Globes
By: Joel F. Wacks and Alexandra Avvocato
This week, the Court addresses the application of abstention doctrine to federal takings litigation and whether the Hollywood Foreign Press Association’s membership policies violate antitrust law. THOMAS GEARING ET AL. V. CITY OF HALF MOON BAY The Court holds that Knick v. Township of
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December 02, 2022 - This Week at the Ninth
This Week At The Ninth: Retroactivity and Recalls
By: Lena H. Hughes and Adam L. Sorensen
This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot to succeed himself in a recall election. VALIENTE V. SWIFT TRANSPORTATION CO.
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November 18, 2022 - This Week at the Ninth
This Week at the Ninth: Trademarks and Service
By: James R. Sigel and Adam L. Sorensen
This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants. PUNCHBOWL, INC. v. AJ PRESS, LLC The Court rejects a Lanham Act challenge to an
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November 11, 2022 - This Week at the Ninth
This Week at the Ninth: The Tax Injunction Act
By: Adam L. Sorensen
This week, the Ninth Circuit considers whether the Tax Injunction Act bars online merchants from asking a federal court to enjoin California’s sales tax scheme requiring them to obtain seller’s permits. ONLINE MERCHANTS GUILD V. NICOLAS MADUROS The Court holds that the Tax Injunction
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November 04, 2022 - This Week at the Ninth
This Week At The Ninth: Declaratory Judgments and Pension Plans
By: James R. Sigel and Lena H. Hughes
This week, the Court explains the limits of the Declaratory Judgment Act and employers’ liability for withdrawal from multiemployer pension plans. CITY OF RENO v. NETFLIX The Court holds that the Declaratory Judgment Act does not authorize a plaintiff to obtain affirmative relief when
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October 28, 2022 - This Week at the Ninth
This Week at the Ninth: Compensable Time and ADA Fees
By: James R. Sigel and Adam L. Sorensen
This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts’ discretion to adjust fees for serial American With Disabilities Act litigants. CADENA v. CUSTOMER CONNEXX LLC The Court holds that time spent booting
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