This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. CDK GLOBAL LLC v. BRNOVICH The Court holds that plaintiffs were unlikely to …›
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 …›
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 …›
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, …›
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 …›
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 …›
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 …›
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 …›
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 …›
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 …›