Tag Archives: Ninth

Ninth Circuit Decries Consideration of Extraneous Matter, Reverses Securities Suit Dismissal

The motion to dismiss phase is a critical stage in the life cycle of a securities class action lawsuit. If a case survives the dismissal motion, it likely will move toward settlement, as so few cases actually go to trial. … Continue reading

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Ninth Circuit Finds ERISA Fiduciary Duty Claims Not Arbitrable

But decision leaves open many questions . . . With the Supreme Court’s Epic Systems decision laying to rest many of the primary arguments used to avoid arbitration, case law continues to develop regarding how arbitration may apply for claims … Continue reading

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Ninth Circuit Directs EPA to Revoke all Tolerances and Cancel All Registrations for Chlorpyrifos

By Lisa M. Campbell and Timothy D. Backstrom On August 9, 2018, the majority of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an opinion in the latest chlorpyrifos case (League of … Continue reading

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Ninth Circuit: Stevens v Corelogic – Defendant’s Intent re Removal of (C) Management Info

Justia opinion summary: The Ninth Circuit affirmed the district court’s grant of summary judgment for CoreLogic in an action brought under the Digital Millennium Copyright Act. Plaintiffs, professional real estate photographers, alleged that CoreLogic removed copyright management information from their … Continue reading

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Ninth Circuit Strikes (Yet Another) Blow Against Trump's Anti-Sanctuary Cities Policy

Steven D. Schwinn, John Marshall Law School The Ninth Circuit struck another blow today against the administration's anti-sanctuary cities policy, ruling in San Francisco v. Trump that the President can't unilaterally withhold federal grants from sanctuary jurisdictions without Congress's say-so…. … Continue reading

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