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, …›
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 COMPANY The …›
This week, the Ninth Circuit issued two decisions addressing interesting employment-discrimination issues. In the first, a divided panel held that a university’s policy of raising the salaries of professors who threaten to leave for other posts may constitute gender discrimination under federal and …›
This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law. In the first case, the Court addressed how the Fair Debt Collection Practices Act applies to a creditor's attempt to collect …›
This week, we take a look at two Ninth Circuit decisions wrestling with issues of statutory interpretation. In the first, the Court considered the Securities Litigation Uniform Standards Act’s prohibition of state-law claims that might have been brought as federal securities actions, in …›
This week, we take a look at one Ninth Circuit decision exploring the enforceability of an arbitration clause precluding a party from acting as a “private attorney general,” and another addressing whether the Fair Housing Amendments Act imposes liability for a landlord’s failure to …›
This week, we take a look at the Ninth Circuit’s decisions construing the Biomaterials Access Assurance Act’s immunity for “biomaterials suppliers” and addressing the standard of review when a district court grants summary judgment based on a plaintiff’s unclean hands. CONNELL v. LIMA CORPORATE The …›
This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime wage rate—and payments that in fact compensate employees for hours …›
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction between independent contractors and employees. DESIRE, LLC v. MANNA TEXTILES, INC. The Court …›
This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way through the FTC’s review process. AXON ENTERPRISE v. FTC The Court holds …›