Left Coast Appeals

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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February 17, 2023 - This Week at the Ninth
This Week At The Ninth: Live Nation Arbitration
By: Joel F. Wacks
This week, the Court addresses the enforceability of an arbitration provision in Live Nation and Ticketmaster’s terms of use. OBERSTEIN V. LIVE NATION ENTERTAINMENT, INC. The Court holds that Live Nation and Ticketmaster’s terms of use contain a valid and enforceable arbitration agreement. The
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February 10, 2023 - This Week at the Ninth
This Week At The Ninth: Justiciability of Trademark Disputes
By: Lena H. Hughes
This week, the Court addresses whether a validity challenge to a trademark remains justiciable after a judgment of non-infringement. SAN DIEGO COUNTY CREDIT UNION V. CITIZENS EQUITY FIRST CREDIT UNION The Court holds that the district court lacked Article III jurisdiction to determine the
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February 03, 2023 - This Week at the Ninth
This Week At The Ninth: Bivens and Montana Insurance Law
By: Alexandra Avvocato and Joel F. Wacks
This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. MARK PETTIBONE ET AL. V. GABRIEL RUSSELL ET AL. The Court holds that a Bivens cause of
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January 27, 2023 - This Week at the Ninth
This Week At The Ninth: Securities Fraud
This week, the Court addresses the pleading standard for a claim of false or misleading statements in connection with a tender offer under Section 14(e) of the Securities Exchange Act of 1934. ROBERT GRIER V. FINJAN HOLDINGS, INC. The Court holds that Section 14(e)
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January 20, 2023 - This Week at the Ninth
This Week At The Ninth: Cannabis Law
By: Alexandra Avvocato
This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law. FRANCINE SHULMAN ET AL. V. TODD KAPLAN ET AL. The Court holds that plaintiffs do not have statutory standing under the Racketeer
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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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