Left Coast Appeals

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
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
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
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
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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October 21, 2022 - This Week at the Ninth
This Week At The Ninth: Robocalls and Retaliation
By: James R. Sigel and Lena H. Hughes
This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. WAKEFIELD v. VISALUS, INC. The Court holds a defendant waived reliance on the FCC’s
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October 14, 2022 - This Week at the Ninth
This Week at the Ninth: Is This Speech?
By: Lena H. Hughes
This week, the Ninth Circuit grapples with a challenge to California’s law for classifying workers as a content-based regulation of speech. MOBILIZE THE MESSAGE, LLC ET AL. V. ROB BONTA The Court holds that plaintiffs’ First Amendment challenge to California’s differential treatment of doorknockers
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October 07, 2022 - This Week at the Ninth
This Week at the Ninth: Flight Paths and Time Bars
By: James R. Sigel
This week, the Court examines the jurisdictional limits on challenges to agency action in evaluating the FAA’s flight paths for Burbank and Van Nuys airports. SAVE OUR SKIES LA v. FAA The Court holds it lacks jurisdiction to consider challenges to FAA flight paths
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