Left Coast Appeals

August 25, 2022 - This Week at the Ninth
This Week at the Ninth: Signal Piracy and Supplemental Jurisdiction
By: Lena H. Hughes and Adam L. Sorensen
This week, the Ninth Circuit examines the requirements for signal piracy liability under the Cable Communications Policy Act and Communications Act, and explains when courts must give notice before dismissing a state law claim on jurisdictional grounds. G AND G CLOSED CIRCUIT EVENTS V.
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August 18, 2022 - This Week at the Ninth
This Week at the Ninth: Danish Cults and Defamation
By: James R. Sigel
This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities. PLANET AID, INC. v. REVEAL The Court holds that charitable organizations that engage in public fundraising activities must prove “actual malice” when
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August 12, 2022 - This Week at the Ninth
This Week at the Ninth: Delegation Clauses and the False Claims Act
By: James R. Sigel and Adam L. Sorensen
This week, the Court addresses whether a court or an arbitrator must consider a sovereign immunity defense to arbitration, and applies the False Claims Act to a defendant’s allegedly fraudulent Medicare billing practices. CAREMARK, LLC v. CHICKASAW NATION The Court holds that an Indian
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August 05, 2022 - This Week at the Ninth
This Week at the Ninth: Fair Use and Arbitral Summonses
By: Lena H. Hughes and James R. Sigel
This week, the Court considers the fair use defense to copyright infringement and addresses the proper venue for petitions to enforce arbitral summonses. McGUCKEN v. PUB OCEAN LIMITED The Court rejects a fair use defense to copyright infringement for the reproduction of photographs in
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July 29, 2022 - This Week at the Ninth
This Week at the Ninth: Public Fora and Pretrial Disclosures
By: James R. Sigel and Adam L. Sorensen
This week, the Court wrestles with a thorny First Amendment question that has divided other Courts of Appeals and considers district courts’ ability to impose sanctions under Rule 37(c)(1). GARNIER v. O’CONNOR-RATCLIFF The Court holds that two local officials’ blocking of particular constituents’ comments
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July 26, 2022 - This Week at the Ninth
This Week at the Ninth: Nationwide Contacts
By: Lena H. Hughes
This week, the Ninth Circuit digs into a personal jurisdiction case involving a Vietnamese music company. LANG VAN, INC. v. VNG CORPORATION The Court holds that exercising personal jurisdiction over a Vietnamese company was appropriate under Rule 4(k)(2) where the plaintiff’s federal claims alleged
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July 15, 2022 - This Week at the Ninth
This Week at the Ninth: Unpaid Sellers and Waived Trial Rights
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit determines whether an online produce wholesaler can file suit under the Perishable Agricultural Commodities Act, and answers a novel question about whether a party that contractually waived its jury trial rights can object to an opponent’s withdrawal of a
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July 08, 2022 - This Week at the Ninth
This Week at The Ninth: Class Certification and Misclassification
By: James R. Sigel
This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. BOWERMAN v. FIELD ASSET SERVICES, INC. The Court holds that variations in
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July 01, 2022 - This Week at the Ninth
This Week at The Ninth: Intervention and Arbitration
By: James R. Sigel and Adam L. Sorensen
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. CALLAHAN v. BROOKDALE SENIOR LIVING COMMUNITIES The Court rejects the attempt of an
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June 27, 2022 - This Week at the Ninth
This Week at The Ninth: Sacred Land and Municipal Good Faith
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit addresses a religion-based challenge to a federal-government land transfer and considers whether public-sector employees can obtain refunds of mandatory union fees since deemed unconstitutional. APACHE STRONGHOLD v. UNITED STATES OF AMERICA The Court holds that plaintiffs challenging the U.S.
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