Keeping Tabs on the Ninth Circuit

Topic Archives: This Week at the Ninth

  • This Week at The Ninth: No Fly and State Rules
    - 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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  • This Week at The Ninth: E-Scooters and Usury
    - This Week at the Ninth

    This Week at The Ninth: E-Scooters and Usury

    This week, the Ninth Circuit examines whether a city’s collection of location data from electronic scooters violates the Fourth Amendment, and whether a consumer lender can circumvent state usury laws by making loans through a tribal intermediary. SANCHEZ V. LADOT The Court holds that
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  • This Week at The Ninth: Herring and Delay
    - This Week at the Ninth

    This Week at The Ninth: Herring and Delay

    By: James R. Sigel

    This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. SAN FRANCISCO HERRING ASS’N v. U.S. DEPARTMENT OF THE INTERIOR The Court
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  • This Week at The Ninth: Offers and Offsets
    - This Week at the Ninth

    This Week at The Ninth: Offers and Offsets

    By: Lena H. Hughes

    This week, the Ninth Circuit examines whether a Rule 68 offer of judgment overrides a non-final order granting summary judgment, and explores the applicability of the Government Pension Offset to spousal Social Security benefits. KUBIAK V. COUNTY OF RAVALLI The Court holds that when
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  • This Week At The Ninth: Removal Power
    - This Week at the Ninth

    This Week At The Ninth: Removal Power

    This week, the Ninth Circuit considers the President’s authority to remove the Commissioner of Social Security. KAUFMANN V. KIJAKAZI The Court invalidates that statutory removal provision for the Commissioner of Social Security as unconstitutional, but upholds the Commissioner’s decision denying Plaintiff’s claim for social
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  • This Week at the Ninth: Class Questions
    - 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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  • This Week at the Ninth: Tribal Sovereign Immunity
    - 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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