Left Coast Appeals

March 18, 2022 - This Week at the Ninth
This Week at The Ninth: Federal Accrual Rules And An Alaskan Land-Exchange
By: Lena H. Hughes
This week, the Ninth Circuit addresses whether the principles of Heck v. Humphrey , 512 U.S. 477 (1994) apply to the accrual of federal civil rights claims against a university and considers the Department of Interior’s authority to enter into a land-exchange agreement in
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March 03, 2022 - This Week at the Ninth
This Week at The Ninth: Short Sales and Ripeness
By: Lena H. Hughes and Adam L. Sorensen
This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. TWITTER, INC. V. KEN PAXTON The Court holds that Twitter’s First
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February 25, 2022 - This Week at the Ninth
This Week at The Ninth: Fire Investigators and Nursing Homes
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK RANCH INCORPORATED The Court holds that the district court abused its discretion in excluding
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February 18, 2022 - This Week at the Ninth
This Week at The Ninth: Class Settlement and Certification
By: James R. Sigel
This week, the Court addresses objectors’ challenges to the approval of a settlement of class and California Labor Code Private Attorney General claims, and considers the propriety of certifying a class with parties who experienced variable injuries. PECK v. SWIFT TRANSPORTATION COMPANY OF ARIZONA,
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February 10, 2022 - This Week at the Ninth
This Week at The Ninth: Credit Reports and Public Unions
By: Lena H. Hughes and Adam L. Sorensen
This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE SCREENING PROS, LLC The Court holds that a credit reporting
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February 04, 2022 - This Week at the Ninth
This Week at The Ninth: Money, Money, Money, Money
This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. BALLINGER v. CITY OF OAKLAND The Court holds that money may be the subject of a
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January 27, 2022 - This Week at the Ninth
This Week at The Ninth: Disagreements on Display
By: Lena H. Hughes
This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS ASSET LOAN OBLIGATION TRUST 2007-1 The Court
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January 21, 2022 - This Week at the Ninth
This Week at the Ninth: Wait Until Next Time
By: James R. Sigel and Adam L. Sorensen
This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court order certified for review under section 1292(b). CHILDS v. SAN
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January 14, 2022 - This Week at the Ninth
This Week at the Ninth: Arbitration Two Ways
By: Lena H. Hughes and Adam L. Sorensen
This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO V. BMW OF NORTH AMERICA, LLC The Court holds that a non-signatory
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January 07, 2022 - This Week at the Ninth
This Week at the Ninth: Delegation and Wildfires
By: Lena H. Hughes and Adam L. Sorensen
This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure for capitalizing a California wildfire fund. AHLSTROM V. DHI MORTGAGE
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