Left Coast Appeals

May 08, 2023 - 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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April 28, 2023 - This Week at the Ninth
This Week At The Ninth: The Antiquities Act And Anti-SLAPP
By: James R. Sigel
This week, the Court considers the President’s authority under the Antiquities Act to preclude logging on federal lands that another federal statute contemplated would generally be used as timberlands, and it addresses how federal courts can consider extrinsic evidence when resolving motions to strike
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April 21, 2023 - This Week at the Ninth
This Week At The Ninth: The Wiretap Act and the Energy Policy and Conservation Act
By: Lena H. Hughes and Joel F. Wacks
This week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. PYANKOVSKA V. ABID The Court holds that the Noerr-Pennington doctrine does not preclude liability for Wiretap Act violations that illegally obtained evidence for use
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April 14, 2023 - This Week at the Ninth
This Week At The Ninth: Death and Taxes
By: Alexandra Avvocato
This week, the Court addresses the application of the probate exception to federal-court jurisdiction. ROGER SILK V. BARON BOND & HOWARD B. MILLER The Court holds that the probate-exception bar to federal-court jurisdiction does not apply when a breach-of-contract plaintiff seeks both damages from
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April 07, 2023 - This Week at the Ninth
This Week At The Ninth: Religious Beliefs and Loyalty Oaths
By: Alexandra Avvocato
This week, the Court addresses whether a state may refuse a religious accommodation to a government employee who is required to sign a loyalty oath as a condition of employment. BRIANNA BOLDEN-HARDGE v. OFFICE OF THE CALIFORNIA STATE CONTROLLER & MALIA M. COHEN The
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March 31, 2023 - This Week at the Ninth
This Week At The Ninth: The FTCA’s Discretionary Function Exception
By: Joel F. Wacks
This week, the Court addresses the bounds of the discretionary function exception to the Federal Tort Claims Act (FTCA). SCHURG v. UNITED STATES The Court holds that the discretionary function exception bars claims based on the Forest Service’s decisions about how to contact landowners
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March 24, 2023 - This Week at the Ninth
This Week At The Ninth: Housing Discrimination and Group Boycotts
By: Alexandra Avvocato
This week, the Court addresses the constitutionality of a law protecting housing access for people with criminal histories, and the elements of a per se unlawful group boycott under the Sherman Antitrust Act. CHONG YIM ET AL. v. CITY OF SEATTLE The Court holds
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March 17, 2023 - This Week at the Ninth
This Week At The Ninth: Individualized Issues And Secret Proceedings
By: James R. Sigel and Joel F. Wacks
This week, the Court addresses when individualized issues may preclude class certification, and considers the public’s right of access to court proceedings seeking third-party assistance with criminal investigations. VAN v. LLR, INC. The Court holds that the district court failed to properly consider whether
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March 10, 2023 - This Week at the Ninth
This Week At The Ninth: Sham Phone Operations and E-Cigarettes
By: James R. Sigel and Alexandra Avvocato
This week, the Court addresses the FCC’s adjudicatory authority and considers the scope of specific personal jurisdiction in product-liability suits. WIDE VOICE, LLC v. FEDERAL COMMUNICATIONS COMMISSION The Court holds that the Federal Communications Commission (“FCC”) did not exceed its authority in finding that
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February 24, 2023 - This Week at the Ninth
This Week At The Ninth: Expressive Association and the Defense Contractor Whistleblower Protection Act
By: Alexandra Avvocato
This week, the Court addresses the scope of the expressive association right and the definition of a protected disclosure under the Defense Contractor Whistleblower Protection Act. SULLIVAN ET AL. V. UNIVERSITY OF WASHINGTON ET AL. The Court holds that the First Amendment right of
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