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

Mahoney v. City of Seattle – Ninth Circuit

Headline: The City of Seattle’s “Use of Force Policy” does not violate the Seattle Police Department’s police officers’ Second Amendment right to use department-issued firearms for the “core lawful purpose of self-defense.” Areas of Law: Constitutional Law; Civil Rights Issues Presented: Whether the Seattle Police Department’s police officers’ Second Amendment right to use department-issued firearms for the “core lawful purpose of self-defense” is violated by the City of Seattle’s “Use of Force Policy.” Brief Summary: The Ninth Circuit panel
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American Beverage Ass’n v. City & County of San Francisco – Ninth Circuit

Headline: The Ninth Circuit Panel found the San Francisco’s warning requirement, concerning the health effects from consuming certain sugar-sweetened beverages, constituted an undue burden, which may chill protected commercial speech. Areas of Law: Constitutional Law Issues Presented: Whether the ordinance enacted by San Francisco mandating the Associations to include the certain adverse health effect warnings in their advertisements constituted an undue burden in violation of the Associations’ protected commercial speech under the First Amendment. Brief Summary: The Ninth
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Lambert v. Nutraceutical Corp. – Ninth Circuit

Headline: The Ninth Circuit Court held that Fed. R. Civ. Pro. 23(f) is procedural in nature and subject to equitable considerations. Failure to enter a petition for permission to appeal within the fourteen-day time bar is not always fatal. Areas of Law: Civil Procedure Issues Presented: Whether the fourteen-day time limit, provided in Federal Rule of Civil Procedure 23(f), may be tolled and if so under what circumstances. Brief Summary: Plaintiff brought a consumer class
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Contest Promotions, LLC v. City and County of San Francisco – Ninth Circuit

Headline: The Ninth Circuit panel concludes Article 6 of San Francisco’s Planning Code, distinguishing commercial and noncommercial signs and exempting noncommercial signs from regulation did not violate the First Amendment.  Areas of Law: Constitutional Law; Commercial Speech  Issues Presented: Whether Article 6 of San Francisco’s Planning Code violates the First Amendment by distinguishing commercial signs and noncommercial signs, and exempting noncommercial signs from Article 6’s scope of regulation.  Brief Summary: The Ninth Circuit panel affirmed
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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
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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
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Ayco Farms, Inc. v. Ochoa – Ninth Circuit

Headline: The Ninth Circuit Panel affirmed the district court’s order granting dismissal under the doctrine of forum non conveniens when the court’s decision afforded the plaintiff’s choice of forum less deference, and was determined by an application of a typical foreign country-to-particular state comparison. Areas of Law: Civil Procedure; Forum Non Conveniens Issues Presented: (1) Whether, when balancing private and public interests under the doctrine of forum non conveniens, the court should weigh the burdens
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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
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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
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Broadway Grill, Inc. v. Visa, Inc. – Ninth Circuit

Headline:  The Ninth Circuit held that amending a complaint to alter the makeup of the plaintiff class after the case was removed to federal district court fell outside the parameters of its decision in Benko v. Quality Loan Service Corp., 789 F.3d 1111 (9th Cir. 2015). Area of Law:  Civil Procedure Issue Presented:  Whether the representative party to a class action filed in state court may amend their complaint after the case has been removed
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