May 18, 2021 - This Week at the Ninth

This Week at the Ninth: Bellwether

This week, we take a close look at an appeal from the first jury trial in a flood of litigation alleging that a popular pesticide causes cancer. EDWIN HARDEMAN V. MONSANTO COMPANY The Court affirms a jury verdict and damages award in the first major multidistrict …›

May 7, 2021 - This Week at the Ninth

This Week at the Ninth: Preemption, New and Old

This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens. HOWARD JARVIS TAXPAYERS ASS'N V. CA SECURE CHOICE RETIRE. SVG. The Court holds ERISA does not preempt a …›

April 23, 2021 - This Week at the Ninth

This Week at the Ninth: Falsity and Fiduciaries

This week, we examine a pair of Ninth Circuit decisions addressing when opinions are materially false under securities law, and what a plaintiff must plead to establish a duty-of-prudence violation under the Employee Retirement Income Security Act. GOLUB v. GIGAMON INC. The Ninth Circuit …›

April 9, 2021 - This Week at the Ninth

This Week At the Ninth: Surgical Robots and Scienter

This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud case. RUSTICO v. INTUITIVE SURGERY, INC. The Court holds that under California …›

April 2, 2021 - This Week at the Ninth

This Week in the Ninth: Chickens and Subpoenas

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, …›

March 26, 2021 - This Week at the Ninth

This Week at the Ninth: Remand Review and Tax Evasion

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 …›

March 19, 2021 - This Week at the Ninth

This Week at the Ninth: Payment and Prayer

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 …›

March 5, 2021 - This Week at the Ninth

This Week at the Ninth: SLUSA and U.S. Waters

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 …›