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December 13, 2022
Trump was not the only president to dismiss a subpoena. Harry S. Truman also did not comply. Read more here.
November 29, 2022
Ninth Circuit has treated California anti-SLAPP statute as substantive law, refrained from applying Erie doctrine to question whether anti-SLAPP motions generally should be precluded in federal courts absent direct conflict. Ninth Circuit recently reaffirmed their position.
September 23, 2022
While meetings of judges to discuss policy are routine today, that first Judicial Conference was a unique milestone in the Judiciary’s history. Chief Justice William Howard Taft had a vision that federal judges could chart their own path as an efficient and independent branch of government. It would begin with judges working together on issues of common interest. Fast forward 100 years; what Taft envisioned has evolved into the Judicial Conference of the United States, a body that is central t...
June 8, 2022
This week, the Ninth Circuit again revives a plaintiff's challenge to the government's (since revoked) decision to place him on the No Fly List, and it wrestles with the application...
June 3, 2022
This week, the Ninth Circuit again revives a plaintiff’s challenge to the government’s (since revoked) decision to place him on the No Fly List, and it wrestles with the application of...
April 18, 2022
New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702...
April 5, 2022
Nited States Court of Appeals for the Ninth Circuit reversed the lower court’s ruling in Wit v. United Behavioral Health, where the district court invalidated, on a class-wide basis, claim administrator guidelines used to determine coverage for mental health treatment
April 5, 2022
The President and his administration continue to tout their efforts to strengthen coverage for behavioral health care, including significantly increasing behavioral health spending and...
December 3, 2021
This quarter’s issue includes summaries and associated court opinions of selected cases decided in August and September 2021. Appraisal Rights - Delaware Supreme Court...
May 6, 2021
To embed, copy and paste the code into your website or blog: On April 6, 2021, the Ninth Circuit for the first time addressed a plaintiff’s burden to show predominance at the class certification stage. In Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the court joined the First, Second, Third, Fifth, and Seventh Circuits in holding that a plaintiff must prove predominance by a preponderance of the evidence, concluding that this standard best comports with the U.S. Supreme Court’s d...