Left Coast Appeals
Keeping Tabs on the Ninth Circuit

Topic Archives: This Week at the Ninth

  • This Week at the Ninth: Arbitration and Declarations
    - This Week at the Ninth

    This Week at the Ninth: Arbitration and Declarations

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments relating to tax withholding in real estate transactions with foreign
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  • This Week at the Ninth: Bellwether
    - This Week at the Ninth

    This Week at the Ninth: Bellwether

    By: Adam L. Sorensen

    This week, we take a close look at an appeal from the first jury trial in a flood of litigation alleging that a popular pesticide causes cancer. EDWIN HARDEMAN V. MONSANTO COMPANY The Court affirms a jury verdict and damages award in the first
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  • This Week at the Ninth: Preemption, New and Old
    - This Week at the Ninth

    This Week at the Ninth: Preemption, New and Old

    By: Adam L. Sorensen

    This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens. HOWARD JARVIS TAXPAYERS ASS'N V. CA SECURE CHOICE RETIRE. SVG. The Court holds ERISA does not preempt a
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  • This Week at the Ninth: Falsity and Fiduciaries
    - This Week at the Ninth

    This Week at the Ninth: Falsity and Fiduciaries

    By: James R. Sigel and Adam L. Sorensen

    This week, we examine a pair of Ninth Circuit decisions addressing when opinions are materially false under securities law, and what a plaintiff must plead to establish a duty-of-prudence violation under the Employee Retirement Income Security Act. GOLUB v. GIGAMON INC. The Ninth Circuit holds
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  • This Week At the Ninth: Surgical Robots and Scienter
    - This Week at the Ninth

    This Week At the Ninth: Surgical Robots and Scienter

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud case. RUSTICO v. INTUITIVE SURGERY, INC. The Court holds that under
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  • This Week in the Ninth: Chickens and Subpoenas
    - This Week at the Ninth

    This Week in the Ninth: Chickens and Subpoenas

    By: James R. Sigel

    This week, we take a look at two Ninth Circuit decisions tracing the limits of federal courts’ jurisdiction. In the first, the Court addressed the Article III requirements that public interest organizations must satisfy in challenging alleged false advertising. In the second, the Court
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  • This Week at the Ninth: Remand Review and Tax Evasion
    - This Week at the Ninth

    This Week at the Ninth: Remand Review and Tax Evasion

    By: James R. Sigel and Lena H. Hughes

    This week, we look at one decision navigating the complicated jurisprudence governing review of remand orders (which one might think would be unreviewable), and another addressing the available penalties when taxpayers fail to disclose multiple foreign accounts. ACADEMY OF COUNTRY MUSIC v. CONTINENTAL CASUALTY
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