Left Coast Appeals

April 22, 2022 - This Week at the Ninth
This Week at The Ninth: Flea Collars and Milkers
By: James R. Sigel
This week, the Court orders the EPA to reexamine its approval of a pesticide used in pet collars, and addresses the federal statute prohibiting forced labor. NRDC v. EPA The Court holds that EPA denial of a petition to cancel pesticide registration was not
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April 15, 2022 - This Week at the Ninth
This Week at the Ninth: Short Swings and Medicare Advantage
By: James R. Sigel
This week, the Ninth Circuit addresses short-swing transactions involving board-approved stock option grants and considers the preemptive scope of the Medicare Act. ALPHA VENTURE CAPITAL PARTNERS LP v. POURHASSEN The Court holds that state corporate law determines the requisite board “approval” required to satisfy
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April 08, 2022 - This Week at the Ninth
This Week at the Ninth: Class Questions
By: Lena H. Hughes
This week, the Ninth Circuit digs into class certification standards for Title IX cases. A.B. AND A.M.B. V. HAWAII STATE DEPARTMENT OF EDUCATION The Court holds that a putative class action by female student athletes of Hawaii’s largest public high school alleging discrimination and
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April 01, 2022 - This Week at the Ninth
This Week at the Ninth: Tribal Sovereign Immunity
By: Lena H. Hughes
This week, the Ninth Circuit takes a deep look at tribal sovereign immunity. OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK The Court holds that the district court lacked subject matter jurisdiction over the plaintiff’s claims arising out of his banishment asserted exclusively against an Alaskan
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March 25, 2022 - This Week at the Ninth
This Week at the Ninth: Twitter and Zoning
By: Adam L. Sorensen
This week, the Ninth Circuit considers whether Twitter’s statements about a software bug causing privacy problems were actionable for securities fraud, and whether a zoning ordinance in Salinas, California, violated the Religious Land Use and Institutionalized Persons Act. WESTON FAMILY PARTNERSHIP LLP V. TWITTER,
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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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