Media Alerts

ABA 9th Circuit Media Alerts

The American Bar Association’s (ABA’s) Media Alerts provides reporters, lawyers, educators, and the public with accurate, unbiased analysis of newsworthy and legally significant cases pending in or decided by the federal courts of appeals. The ABA selected the Western State Law Review to write the Media Alerts for the 9th Circuit. Several Law Review members volunteer to write the Media Alerts throughout each term.

Media Alerts – 9th Circuit

Contest Promotions, LLC v. City and County of San Francisco – Ninth Circuit

Headline: Ninth Circuit panel holds Article 6 of San Francisco’s Planning Code distinguishing commercial and noncommercial signs and exempting noncommercial signs from regulation does not violate the First Amendment. Areas of Law: Constitutional Law; First Amendment; Commercial Speech Issue Presented: Whether Article 6 of San Francisco’s Planning Code violates the First Amendment by distinguishing between commercial signs and noncommercial signs, and exempting noncommercial signs from the rule’s scope? Brief Summary: The Ninth Circuit panel affirmed
Read more

Mendoza v. Nordstrom, Inc. – Ninth Circuit

Headline: Ninth Circuit panel rejects employee claims brought pursuant to the California Labor Code Private Attorneys General Act (“PAGA”) that the employer violated the State’s “day of rest law” and affirms the district court’s decision refusing to allow substitute plaintiffs. Areas of Law: Employment Law; Civil Procedure Issues Presented: Whether the district court erred in holding employees did not have a valid claim for violation of California’s “day of rest” law? Whether the district court abused
Read more

Hoag Memorial Hospital v. Price – Ninth Circuit

Headline: Ninth Circuit holds that the Secretary of the U.S. Department of Health and Human Services violated 42 U.S.C. §1396(a)(30)(A) and acted in an arbitrary and capricious way in approving a retroactive 10% reduction in payments for outpatient services provided to California’s Medi-Cal program beneficiaries. Areas of Law: Medicaid; Administrative Law; Social Security Issue Presented: Whether the Secretary’s approval of an amendment to California’s Medi-Cal program was arbitrary and capricious where there was no evidence
Read more

Ayco Farms, Inc. v. Ochoa – Ninth Circuit

Headline: Ninth Circuit panels holds (1) that in performing a forum non conveniens analysis, a district court does not abuse its discretion by comparing the proposed foreign forum with the particular State forum that the plaintiff actually chose, rather than with the United States as a whole, and (2) a U.S. citizen plaintiff is entitled to less deference in his choice of forum if he does not reside in that forum. Areas of Law: Civil Procedure; Forum
Read more

Republic of the Marshall Islands v. United States – Ninth Circuit

Headline: The Ninth Circuit panel concluded that Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons was non-self-executing and, therefore, unenforceable by the United States judicial branch. Areas of Law: International Law; Civil Procedure Issues Presented: Whether Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons was a self-executing treaty, thus requiring the United States to engage in good-faith negotiations under Article VI of the Treaty. Brief Summary: The Ninth Circuit affirmed the decision of
Read more

M.C. v. Antelope Valley High School District – Ninth Circuit

Headline: Ninth Circuit panel reverses a district court’s decision which deferred to an administrative law judge’s finding that a school district did not violate the Individuals with Disabilities Education Act (IDEA) and due process when the district unilaterally changed a disabled student’s Individualized Education Plan (IEP) without notify the student’s parent. Areas of Law: Administrative Law; Education; Disabled Students’ Rights Issues Presented: 1) Whether a school district’s failure to notify a parent of changes to a
Read more

Broadway Grill, Inc. v. Visa, Inc. – Ninth Circuit

Headline: The Ninth Circuit held that plaintiffs may not amend their complaint, after a case has been removed to federal court, to change the definition of the class so as to eliminate minimal diversity and thereby divest the federal court of jurisdiction. The panel clarified that Benko v. Quality Loan Service Corp., that created an exception to this general rule unique to the Ninth Circuit, allows amendments only for purposes of clarifying the relationship between the
Read more

S.B. v. County of San Diego – Ninth Circuit

Headline: Ninth Circuit panel, in reversing district court’s denial of qualified immunity from Fourth Amendment liability in use of excessive force, takes to heart the U.S. Supreme Court’s recent admonishment – particularly to the Ninth Circuit – “not to define clearly established law at a high level of generality” in holding that the officer in question was entitled to qualified immunity because he was not put on “clear notice,” by any specific case, that using
Read more

Resh v. China Agritech – Ninth Circuit

Headline: Reversing the district court’s dismissal of a would-be class action lawsuit on ground of untimeliness, the panel held that the named plaintiffs in the current class action – who were unnamed members in a previous uncertified class action lawsuit – had “availed themselves” of American Pipe tolling and are thus not time barred from bringing a subsequent class action suit on the same underlying claim. Areas of Law: Federal Rules of Civil Procedure, Federal Rules of
Read more

Marco Antonio Corona-Contreras v. Steven F. Gruel – Ninth Circuit

Headline: The Ninth Circuit panel held that the district court exceeded its authority under 28 U.S.C. § 1447(c) in ordering sua sponte a remand based on a procedural defect in the removal from state court of an action alleging breach of contract and legal malpractice. Areas of Law: Civil Procedure Issues Presented: Whether the district court has jurisdiction to remand a case sua sponte to state court when there is a procedural defect but no timely motion
Read more