October 22, 2021 - This Week at the Ninth

This Week at the Ninth: Schedules and Informants

This week, the Ninth Circuit explains the ins-and-outs of property abandonment under the Bankruptcy Code, and explores the government’s privilege to withhold the identity of informants in discovery. IN RE STEVENS The Court holds that 11 U.S.C. § 554(c), a provision of the Bankruptcy Code that …›

October 15, 2021 - This Week at the Ninth

This Week at The Ninth: Conspiracy Theories

This week, the Ninth Circuit explores permissible theories of liability in a bank fraud conspiracy case. USA V. DIANA YATES The Court holds that theories of conspiracy liability premised on a bank’s right to accurate information and its right not to continue to pay deceptive employees …›

October 8, 2021 - This Week at the Ninth

This Week at The Ninth: Contractor Speech and Seized Cars

This week, the Court confronted constitutional challenges to a California statute altering the test for determining whether workers are employees or independent contractors and an Arizona statute governing civil forfeitures. AMERICAN SOCIETY OF JOURNALISTS AND AUTHORS, INC. v. BONTA The Court holds that California’s AB 5, …›

October 1, 2021 - This Week at the Ninth

This Week at The Ninth: Fair Housing and "Solid Waste"

This week, the Court clarifies the Fair Housing Act and Resource Conservation Recovery Act. CITY OF OAKLAND V. WELLS FARGO & COMPANY The en banc Court holds that Oakland failed to adequately plead proximate cause under the Fair Housing Act (“FHA”) for its claims that allegedly …›

September 24, 2021 - This Week at the Ninth

This Week at The Ninth: Abatement and Discharge

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 or abate …›

September 17, 2021 - This Week at the Ninth

This Week at The Ninth: PowerPoints and Payday Loans

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 default rule …›

September 10, 2021 - This Week at the Ninth

This Week at the Ninth: City Skylines and Stadium Seating

This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator seating. BELL v. WILMOTT STORAGE SERVICES, LLC The Court holds that the “de …›

August 13, 2021 - This Week at the Ninth

This Week at the Ninth: Class Objections and Robocalls

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 defendant does …›

August 6, 2021 - This Week at the Ninth

This Week at the Ninth: Toxic Water and Railroad Taxes

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 treatment …›

July 29, 2021 - This Week at the Ninth

This Week at the Ninth: Beef Speech and Presumptive Plaintiffs

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 holds that …›