Left Coast Appeals

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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July 29, 2022 - This Week at the Ninth
This Week at the Ninth: Public Fora and Pretrial Disclosures
By: James R. Sigel
This week, the Court wrestles with a thorny First Amendment question that has divided other Courts of Appeals and considers district courts’ ability to impose sanctions under Rule 37(c)(1). GARNIER v. O’CONNOR-RATCLIFF The Court holds that two local officials’ blocking of particular constituents’ comments
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July 26, 2022 - This Week at the Ninth
This Week at the Ninth: Nationwide Contacts
By: Lena H. Hughes
This week, the Ninth Circuit digs into a personal jurisdiction case involving a Vietnamese music company. LANG VAN, INC. v. VNG CORPORATION The Court holds that exercising personal jurisdiction over a Vietnamese company was appropriate under Rule 4(k)(2) where the plaintiff’s federal claims alleged
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July 15, 2022 - This Week at the Ninth
This Week at the Ninth: Unpaid Sellers and Waived Trial Rights
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit determines whether an online produce wholesaler can file suit under the Perishable Agricultural Commodities Act, and answers a novel question about whether a party that contractually waived its jury trial rights can object to an opponent’s withdrawal of a
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July 08, 2022 - This Week at the Ninth
This Week at The Ninth: Class Certification and Misclassification
By: James R. Sigel
This week, the Court takes a close look at the standards for certifying a class action under Rule 23 and for classifying someone as an employee or independent contractor under California law. BOWERMAN v. FIELD ASSET SERVICES, INC. The Court holds that variations in
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July 01, 2022 - This Week at the Ninth
This Week at The Ninth: Intervention and Arbitration
By: James R. Sigel
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. CALLAHAN v. BROOKDALE SENIOR LIVING COMMUNITIES The Court rejects the attempt of an
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June 27, 2022 - This Week at the Ninth
This Week at The Ninth: Sacred Land and Municipal Good Faith
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit addresses a religion-based challenge to a federal-government land transfer and considers whether public-sector employees can obtain refunds of mandatory union fees since deemed unconstitutional. APACHE STRONGHOLD v. UNITED STATES OF AMERICA The Court holds that plaintiffs challenging the U.S.
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June 17, 2022 - This Week at the Ninth
This Week at The Ninth: Drug Tests and Attorney's Fees
By: Lena H. Hughes
This week, the Ninth Circuit addresses the employment status of job applicants made to take drug tests and the availability of an award of attorney’s fees under Federal Rule of Civil Procedure 41(d). JOHNSON V. WINCO FOODS The Court holds that job applicants to
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June 10, 2022 - This Week at the Ninth
This Week at The Ninth: PJ
This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA The Court vacates the district court’s dismissal for lack of personal jurisdiction and holds that a
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June 03, 2022 - This Week at the Ninth
This Week at The Ninth: No Fly and State Rules
By: James R. Sigel and Lena H. Hughes
This week, the Ninth Circuit again revives a plaintiff’s challenge to the government’s (since revoked) decision to place him on the No Fly List, and it wrestles with the application of Washington State’s procedural requirements for filing medical malpractice claims. FIKRE v. FEDERAL BUREAU
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