3/10/20
By: Anastasia Osbrink
For years, employers across the U.S. have taken into account what an individual was making at his or her current job in assessing how much they would need to pay them if they left and joined the …
Tag: #Ninth Circuit
The Standing Requirement Remains an Open Question But Still a Valid Defense to Cyber Claims
6/26/19
By: Jeff Alitz
In litigation proceeding in the Federal Courts, it has always been necessary for a successful plaintiff to in some manner establish that the harm sought to be remedied by a federal lawsuit falls within the authority of …
4/16/19
By: Nikki Sachdeva
In a recent opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a creditor, finding that common law principles of ratification may create vicarious liability …
Split in the Circuits May Force SCOTUS to Revisit Kingsley
3/14/19
By: Ali Sabzevari
In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Supreme Court held that a pretrial detainee may prevail on a § 1983 excessive force claim if he or she shows that the force used was …
The Supreme Court Sets Groundwater Pollution in its Sights
2/20/19
By: Ze’eva Kushner
Yesterday, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s decision in Hawai’i Wildlife Fund et al. v. County of Maui, 886 F.3d 737 (9th Cir. 2018). The Supreme Court will …
Ninth Circuit Tightens FCRA Disclosure Requirements
2/12/19
By: Matthew Foree
Ninth Circuit Holds Combining State and Federal Disclosures Violates FCRA’s Standalone and Clarity Requirements
The Court of Appeals for the Ninth Circuit recently issued a decision regarding the disclosure requirements under the Fair Credit Reporting Act (“FCRA”). …
Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin
On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme …
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …
Ninth Circuit Compounds ATDS Confusion in TCPA, Causing FCC to Seek Further Comment
10/8/18
By: Matt Foree
As we previously discussed in the ACA International decision, the U.S. Court of Appeals for the D.C. Circuit recently rejected the Federal Communications Commission’s (“FCC”) guidance concerning the definition of automatic telephone dialing system (ATDS), one …
Qualified Immunity Applied to Employment
10/3/18
By: Owen Rooney
In Kramer v. Cullinan 878 F.3d 1156 (9th Cir., 2018) the Ninth Circuit reversed the denial of a Motion for Summary Judgment, holding that that the employer’s public statement was not “stigmatizing” and defendant was entitled to …
9/24/18
By: Brad Adler & Koty Newman
The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s, 2018 U.S. App. LEXIS 26387 (9th Cir. Sep. 18, 2018) is important for employers trying to navigate the FLSA and pay their tipped …
9/19/18
By: John McAvoy
On July 6, 2018, a nonprofit restaurant advocacy group filed suit against the U.S. Department of Labor in Texas Federal Court challenging the rule that governs the compensation of tipped employees; specifically, the DOL’s “80/20 Tip Credit …