In Zunun Aero, Inc. v. The Boeing Co., No. 24-5212 (9th Cir. Aug. 26, 2026), on a petition for panel rehearing, the Ninth Circuit holds that a federal court may exercise supplemental jurisdiction over state-law claims, under 28 U.S.C. § 1367(a), even where the federal-law claim is a permissive counterclaim under Fed. R. Civ. P.Continue reading “Ninth Circuit Holds That A Federal Court May Exercise Supplemental Jurisdiction Over a State Law Claim Even Where the Federal Claim is a Permissive Counterclaim Under Fed. R. Civ. P. 13(b)”
Tag Archives: Ninth Circuit
Fifth and Ninth Circuits Reject Novel Applications of the Collateral-Order Doctrine to Review District Court Orders Concerning Civil Immunity of Defendants
It’s collateral-order-doctrine week in the U.S. Courts of Appeals, with two courts issuing opinions that dismiss interlocutory appeals of orders ruling on claims of immunity from civil litigation. Both appeals are dismissed on the ground that the immunity at issue in each case is, if anything, a mere defense against liability rather than a trueContinue reading “Fifth and Ninth Circuits Reject Novel Applications of the Collateral-Order Doctrine to Review District Court Orders Concerning Civil Immunity of Defendants”
Split Ninth Circuit Panel Issues Caution on So-Called “Shotgun Pleadings”
In Gibson v. City of Portland, No. 24-1663 (9th Cir. Jan. 29, 2025), a split panel addresses when it may be appropriate for a district court to strike what it calls a “shotgun pleading,” i.e., one that fails to specify claims against each named defendant, but instead indiscriminately incorporates allegations from one count to theContinue reading “Split Ninth Circuit Panel Issues Caution on So-Called “Shotgun Pleadings””
Joining Circuit Split, Ninth Circuit Holds That District Court May Not Establish Diversity of Citizenship by Judicial Notice
In Rosenwald v. Kimberly-Clark Corp., No. 24-299 (9th Cir. Sept. 24, 2025), the Ninth Circuit dismisses an appeal for lack of subject-matter jurisdiction, holding that the district court erred in taking judicial notice of the corporate defendant’s citizenship. It thus took the side of the Tenth Circuit, which holds that a court cannot judicially noticeContinue reading “Joining Circuit Split, Ninth Circuit Holds That District Court May Not Establish Diversity of Citizenship by Judicial Notice”
En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus”
In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the lower court’s dismissal on personal jurisdiction grounds, overruling AMA Multimedia, LLC v. Wanat, 970 F.3d 1201Continue reading “En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus””
En Banc Ninth Circuit Panelists Clash Over Validity of a Video Dissent
In Duncan v. Bonta, No. 23-55805 (9th Cir. Mar. 30, 2025) (en banc) – a Second Amendment challenge to California’s ban on large-capacity magazines – the en banc Ninth Circuit debates whether a judge could validly file a video dissent that displays handguns and describing their operation. Judge Richard Posner of the Seventh Circuit brokeContinue reading “En Banc Ninth Circuit Panelists Clash Over Validity of a Video Dissent”
Hindu Professors at State University Lacked Article III Standing to Challenge School’s “Caste” Discrimination Policy, Holds Ninth Circuit
In Kumar v. Koester, No. 23-4363 (9th Cir. Mar. 12, 2025), the Ninth Circuit dismisses a constitutional challenge to California State University’s anti-discrimination policy that was recently amended to add “caste” as a protected status. Effective January 1, 2022, CSU’s “Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and RetaliationContinue reading “Hindu Professors at State University Lacked Article III Standing to Challenge School’s “Caste” Discrimination Policy, Holds Ninth Circuit”
There Is No “On-The-Job” Exception to Expert Witness Qualification Under Fed. R. Evid. 702, Holds the Ninth Circuit
In United States v. Holmes, No. 22-10312 (9th Cir. Feb. 24, 2025), the Theranos/Elizabeth Holmes fraud prosecution, the Ninth Circuit affirms the convictions and sentences. It acknowledges the defense argument that a former Theranos scientist should not have been allowed to offer Fed. R. Evid. 702 expert testimony as an occurrence witness, without being qualified,Continue reading “There Is No “On-The-Job” Exception to Expert Witness Qualification Under Fed. R. Evid. 702, Holds the Ninth Circuit”
Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit
In Consumer Financial Protection Bureau v. CashCall, Inc., No. 23-55259 (9th Cir. Jan. 3, 2025), the Ninth Circuit holds the defendant to its express waiver of a Seventh Amendment jury right, affirming an award of more than $134 million in legal restitution against it. The panel declines to excuse the jury waiver on the groundContinue reading “Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit”
The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments
Last week, in United States v. King Cnty., No. 23-35362 (9th Cir. Nov. 29, 2024) and State of Texas v. U.S. Dep’t of Homeland Security, No. 23-50869 (5th Cir. Nov. 27, 2024), the Fifth and Ninth Circuits follow different paths on the scope of intergovernmental immunity to insulate federal agency actions to enforce federal immigrationContinue reading “The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments”
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