Left Coast Appeals
Keeping Tabs on the Ninth Circuit

Topic Archives: This Week at the Ninth

  • This Week at The Ninth: Abatement and Discharge
    - This Week at the Ninth

    This Week at The Ninth: Abatement and Discharge

    By: James R. Sigel and Lena H. Hughes

    This week, the Court considered the retroactivity of California’s Proposition 22—which designates “app-based drivers” as independent contractors under certain conditions—and addressed the requirements for Clean Water Act citizen suits. LAWSON v. GRUBHUB, INC. The Court holds that California’s Proposition 22 does not apply retroactively
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  • This Week at The Ninth: PowerPoints and Payday Loans
    - This Week at the Ninth

    This Week at The Ninth: PowerPoints and Payday Loans

    By: Lena H. Hughes

    This week, the Court revives an ERISA claim and compels arbitration of a dispute over tribal internet payday loans. WARMENHOVEN v. NETAPP, INC. The Court holds that PowerPoint presentations did not constitute plan documents and thus any representations in them could not override ERISA’s
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  • This Week at the Ninth: Class Objections and Robocalls
    - This Week at the Ninth

    This Week at the Ninth: Class Objections and Robocalls

    By: Lena H. Hughes and Adam L. Sorensen

    This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on robocalls to cell phones. MOSER v. BENEFYTT The Court holds that a
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  • This Week at the Ninth: Toxic Water and Railroad Taxes
    - This Week at the Ninth

    This Week at the Ninth: Toxic Water and Railroad Taxes

    By: James R. Sigel and Adam L. Sorensen

    This week, the Court examines whether EPA guidance on water toxicity tests could be challenged under the APA, and addresses whether California’s scheme for taxing railroad property contravenes federal law. SOUTHERN CALIFORNIA ALLIANCE v. EPA The Court holds that trade associations for California water
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  • This Week at the Ninth: Beef Speech and Presumptive Plaintiffs
    - This Week at the Ninth

    This Week at the Ninth: Beef Speech and Presumptive Plaintiffs

    By: James R. Sigel and Lena H. Hughes

    This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities Litigation Reform Act. RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA v. VILSACK The Court
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  • This Week at the Ninth: Offshore Occupation
    - This Week at the Ninth

    This Week at the Ninth: Offshore Occupation

    By: Adam L. Sorensen

    This week, the Ninth Circuit resolves a split among trial courts about the application of California labor laws on drilling platforms on the Outer Continental Shelf. IAFETA MAUIA v. PETROCHEM INSULATION, INC. The Court holds that California labor laws requiring meal and rest breaks
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  • This Week at the Ninth: Manuka Honey and Waterslides
    - This Week at the Ninth

    This Week at the Ninth: Manuka Honey and Waterslides

    By: James R. Sigel and Adam L. Sorensen

    This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s pandemic-related shutdown of a waterpark. MOORE v. TRADER
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