Left Coast Appeals

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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September 30, 2022 - This Week at the Ninth
This week at the Ninth: Bull Trout and Claim Preclusion
By: James R. Sigel
This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. SAVE THE BULL TROUT v. WILLIAMS The Court holds that claim preclusion bars plaintiffs from reasserting claims dismissed for lack of
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September 23, 2022 - This Week at the Ninth
This Week at the Ninth: Supplemental Jurisdiction Declined
By: Lena H. Hughes
This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI The Court holds that a district court properly declined to exercise supplemental jurisdiction
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September 16, 2022 - This Week at the Ninth
This Week at the Ninth: Implied FDCA Preemption
By: Lena H. Hughes
This week, the Ninth Circuit addresses the statutory prohibition on private enforcement actions under the Food, Drug, and Cosmetic Act. NEXUS PHARMACEUTICALS, INC. V. CENTRAL ADMIXTURE PHARMACY SERVICES, INC. The Court holds that a drug manufacturer’s suit against a compounding pharmacy for violating state
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September 09, 2022 - This Week at the Ninth
This Week at the Ninth: Class Opt-Outs and Non-Renewed Contracts
By: James R. Sigel
This week, the Ninth Circuit addresses the immediate appealability of orders invalidating class action opt-outs, and considers whether a decision not to renew a contract is an adverse employment action for purposes of a Title IX discrimination claim. AGUILAR v. WALGREEN CO. The Court
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September 02, 2022 - This Week at the Ninth
This Week at the Ninth: School Groups and Minimum Contacts
By: Lena H. Hughes
This week, the Ninth Circuit addresses the constitutionality of a school district’s decision to revoke official status for a student group that disapproves of same sex relationships, and the minimum contacts necessary to exercise personal jurisdiction over a foreign adult entertainment website. FELLOWSHIP OF
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August 25, 2022 - This Week at the Ninth
This Week at the Ninth: Signal Piracy and Supplemental Jurisdiction
By: Lena H. Hughes
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
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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