Trend Results : Ninth Circuit Court of Appeals


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Attorneys for David Daleiden Fight Court Order Preventing Release of More Undercover Videos

Thomas More Society attorneys filed an appeal last week with the United States Court of Appeals for the Ninth Circuit for undercover journalist David Daleiden, arguing for reversal of a preliminary injunction that bars Daleiden and the Center for Medical Progress from publishing undercover videos from the 2014 and 2015 annual meetings of the National […]

Uber Finds Sympathetic Ear As Ninth Circuit Hears Appeal Of Driver Class Certification

The Ninth Circuit Court of Appeals agrees to reconsider the certification of a class of 150,000 California Uber drivers for litigation.

Ninth-Circuit Judge Resolves Ancient Philosophical Debate over Free Will

Last week the Ninth Circuit Court of Appeals announced that there is no rational basis for classifying a “habitual drunkard” as someone who lacks good moral character. The case arose when one such drunkard, an illegal immigrant named Salomon Ledezma-Cosino, sought to have his deportation canceled. Show More Summary

Fannie and Freddie are Private Companies 9th Cir. Says

The Ninth Circuit Court of Appeals just affirmed a district court's ruling that mega-mortgage companies Fannie Mae and Freddie Mac are private companies, not agents for purposes of the False Claims Act.The plaintiffs in the case argued that Fannie Mae and Freddie Mac are Delaware corporations, so Delaware law applies......

Broad Legal Lessons From the Superman Litigation

On February 10, 2016, the federal Court of Appeals for the Ninth Circuit affirmed a lower court's decision in lengthy litigation related to a 1938 transfer of the Superman copyright from his creator to DC Comics (Larson v. Warner Bros. Show More Summary

Appeals Court Upholds Warner Bros.' Superman Rights

The Ninth Circuit Court of Appeals has sided again with Warner Bros. and DC Comics in the long-running feud over the rights to Superman.

Arizona v. Ninth Circuit Court of Appeals

The Grand Canyon state wants a divorce from the largest of the federal appellate jurisdictions—but is that the right solution to its problems?

Arizona Republicans Want out of Ninth Circuit

A secession movement is brewing inside the nation's largest federal appeals court.

Amgen ERISA Case Is Back Again to Haunt the 9th Circuit

It looks like Ninth Circuit Judge Kozinski was particularly prescient in his prediction. SCOTUS has handed down a reversal to the federal appeals court, thus starting another round of litigation of securities allegations against the pharma maker, Amgen. Amgen has been through the Ninth Circuit for two rounds already on......

Chrysler Must Show a Compelling Interest for Sealing Corporate Docs

The Ninth Circuit Court of Appeals quite possibly made it easier for the public to access what some litigants had thought were court sealed documents. Writing for the majority, Ninth Circuit Judge John Owens declared that a lower court erred in applying a strict "good cause" test for keeping documents......

Famous US judge admits there's a punishment that's just as bad as the death penalty — if not worse

Alex Kozinski, the famous former chief of the US Court of Appeals for the Ninth Circuit, thinks solitary confinement is a punishment that's just as bad as the death penalty — if not worse. "Sending hardened criminals from death row to solitary confinement is no triumph," writes Kozinski in a January 15 editorial for the Yale Law Review Journal. Show More Summary

Ninth Circuit Appeals Court Decision On Fair Use And Right Of First Sale Fails To Budge The Needle On Either Issue

4 months agoIndustries / Law : Techdirt

A ruling on fair use, the right of first sale and the limits of trademark protection has been handed down by the Ninth Circuit Court of Appeals panel. Normally, I'd proceed the word "ruling" with an adjective like "important," or "terrible," or "wonderful." But this ruling is none of those. Show More Summary

Adobe Loses Copyright Infringement Case to Software Surplus

If you buy a software program and sell that software program to a third person, is that a copyright violation? According to Adobe it is. But not according to the Court of Appeals in the Ninth Circuit. The circuit court held that Adobe did not meet the shifted burden it......

The IRS Scandal, Day 966

Following up on my previous coverage (here, here, and here): Breitbart, Koch Brothers May Have to Disclose Donor List to California: The San Francisco Ninth Circuit Court of Appeals overruled a U.S. District Court judge to give authority to California Attorney General Kamala Harris to obtain the donor list from...

Idaho Appeals Federal Court Decision Overturning States’s Ag-Gag Law

Idaho Attorney General Lawrence Wasden has asked the U.S. Court of Appeals for the Ninth Circuit in San Francisco to review a lower federal court’s opinion that the Gem State’s new “ag-gag” law is unconstitutional. Wasden filed a notice of appeal with the Ninth Circuit over the ruling in August by U.S. District Court Judge B.... Continue Reading

Willful Ignorance Can Lead to Adoptive Admission, 9th Cir. Rules

The Ninth Circuit Court of Appeals tackled a matter of first impression in Transbay v. Chevron when it found that a party's willful ignorance of the contents of a document can possibly lead to an admission of the truth of the contents. Anyone who's planning to whip out the......

FRCP Rule 15(a) is Not 'Chronological,' 9th Cir. Says. Go Crazy!

In a decision that has all the glossy fun of civil procedure nit-pitpicking, the Court of Appeals for the Ninth Circuit ruled that Sergio Casillas Ramirez properly and timely filed a second amended complaint under FRCP Rule 15(a) and that the lower court ran afoul of Erie. Let this be......

In the Ninth Circuit, Not All Litigants Are Created Equal

The U.S. Court of Appeals for the Ninth Circuit this week denied Uber Technologies' petition for Rule 23(f) interlocutory review of an order granting class certification in a major challenge to the manner in which Uber operates its ride-sharing business. The four named plaintiffs assert that every Uber driver should [...]

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