April 8, 2022 - This Week at the Ninth

This Week at the Ninth: Class Questions

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 retaliation satisfied …›

April 1, 2022 - This Week at the Ninth

This Week at the Ninth: Tribal Sovereign Immunity

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 tribe due …›

March 25, 2022 - This Week at the Ninth

This Week at the Ninth: Twitter and Zoning

This week, the Ninth Circuit considers whether Twitter’s statements about a software bug causing privacy problems were actionable for securities fraud, and whether a zoning ordinance in Salinas, California, violated the Religious Land Use and Institutionalized Persons Act. WESTON FAMILY PARTNERSHIP LLP V. TWITTER, …›

March 3, 2022 - This Week at the Ninth

This Week at The Ninth: Short Sales and Ripeness

This week, the Ninth Circuit explores whether Twitter’s conflict with the Texas AG’s office over content moderation was ripe for review and when taxpayers may deduct mortgage interest payments after a short sale. TWITTER, INC. V. KEN PAXTON The Court holds that Twitter’s First Amendment challenge …›

February 25, 2022 - This Week at the Ninth

This Week at The Ninth: Fire Investigators and Nursing Homes

This week, the Ninth Circuit addresses the district court’s gatekeeping role for expert testimony and examines whether federal courts have jurisdiction over COVID-related suits against nursing homes. ELOSU v. MIDDLEFORK RANCH INCORPORATED The Court holds that the district court abused its discretion in excluding an …›

February 10, 2022 - This Week at the Ninth

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE SCREENING PROS, LLC The Court holds that a credit reporting agency’s erroneous …›

February 4, 2022 - This Week at the Ninth

This Week at The Ninth: Money, Money, Money, Money

This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. BALLINGER v. CITY OF OAKLAND The Court holds that money may be the subject of a physical taking …›