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Spencer Fane LLP | USA | 23 Feb 2024

Coal Leasing Moratorium on Federal Lands Lifted by Ninth Circuit Court of Appeals

In an unpublished opinion filed on February 21, 2024, the U.S. Court of Appeals for the Ninth Circuit lifted the moratorium on leasing coal on…
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Shearman & Sterling LLP | USA | 21 Feb 2024

Devas v. Antrix: Ninth Circuit Requires Minimum Contacts for Personal Jurisdiction over Foreign States

The Ninth Circuit’s February 6, 2024, decision denying rehearing en banc of Devas v. Antrix and upholding its earlier ruling to overturn the…
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Hunton Andrews Kurth LLP | USA | 21 Feb 2024

Does Being “Left to Guess” Establish Standing for Injunctive Relief After TransUnion?

In recent years, consumers filed a spate of class actions claiming that retailers misrepresented the retail price on discounted goods to mislead…
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Covington & Burling LLP | USA | 20 Feb 2024

Ninth Circuit Dismisses Website Framing Claim as Preempted by Copyright

The Ninth Circuit recently dismissed a putative class action by an online business over allegations that Google placed search results over the…
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Wilmer Cutler Pickering Hale and Dorr LLP | USA | 15 Feb 2024

Year in Review: 2023 TCPA Litigation

The Telephone Communications Privacy Act (TCPA) has always been a hotbed for privacy litigation, especially given the prevalence of companies’ use of…
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Saxe Doernberger & Vita, P.C. | USA | 15 Feb 2024

Ninth Circuit Agrees Insured's Long-Term Disability Claim Not Barred by Res Judicata

In Kayle Flores v. Life Insurance Company of North America1 (“Flores II”), the Ninth Circuit agreed with the insured and reversed the Central…
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Koley Jessen PC | USA | 13 Feb 2024

Arbitration At U.S. Supreme Court . . . Again, But Not On Bankruptcy—Whew! (Smith V. Spizzirri)

Every now and then, the U.S. Supreme Court takes an arbitration case. And it almost always rules in favor of arbitration over litigation. Fortunately…
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Snell & Wilmer LLP | USA | 13 Feb 2024

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its…
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Sidley Austin LLP | USA | 1 Feb 2024

Ninth Circuit Panel Subtly Back-Pedals Prior Ruling on the Application of the Public Disclosure Bar in the False Claims Act Context

We previously wrote here regarding the Ninth Circuit’s decision in United States ex rel. Silbersher v. Valeant Pharmaceuticals Int’l Inc., 76 F.4th…
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McDermott Will & Emery | USA | 1 Feb 2024

Google It: Federal Copyright Law Preempts California Causes of Action

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit…
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