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California & Brady move for rehearing in Peruta

Story here. The three-judge panel rejected California's very late motion to intervene (and thus to appeal further when the defendant sheriff was disinclined to do so), so the State and Brady Center are asking the Ninth Circuit to hear the...

Garcia v. Google briefs

20 hours agoIndustries / Law : 43(B)log

Going up at the Ninth Circuit's site. The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

1 Week to the New Chief: Montana's Sidney Thomas Takes Top Spot

It's been a heck of a ride with Chief Judge Alex Kozinski at the top of the Ninth Circuit, but with his seven-year term coming to a close, prepare for a different, more subdued, albeit equally able chief: Judge Sidney R. Thomas. The ageist numbers game that comprise the rules......

Ninth Circuit Upholds Preliminary Injunction Against Enforcement of California’s CASE Act As Curtailing Free Speech Of Registered Sex Offenders

5 days agoNews : Jonathan Turley

By Darren Smith, Weekend Contributor Plaintiffs representing unnamed registered sex offenders and sponsors of the non-profit California Reform Sex Offender Laws won a victory in their quest to declare unconstitutional the Californians Against Sexual Exploitation Act on free speech grounds. Show More Summary

Ninth Circuit Court To Alaska: Get Lost

6 days agoLGBT / Gay : Joe. My. God.

Via the Fairbanks Daily New-Miner: The 9th U.S. Circuit Court of Appeals has rejected Alaska's request that an 11-judge panel review a decision overturning the state's ban on same-sex marriage. Now, gay and lesbian couples will continue...Show More Summary

Ninth Circuit won’t hear Alaska marriage appeal with 11-judge panel

Ninth Circuit won't hear the Alaska marriage case en banc. The post Ninth Circuit won’t hear Alaska marriage appeal with 11-judge panel appeared first on Equality On Trial.

California Town’s Unusual Gun Law to Get Federal Appeals Court Ruling

A three-judge panel of the Ninth U.S. Circuit Court of Appeals is hearing arguments Monday concerning whether an unusual gun law passed by voters in Sunnyvale, Calif., late last year is constitutional.

Ninth Circuit Upholds Validity of Class Action Arbitration Waiver

In an interesting decision by the Ninth Circuit Court of Appeals, Johnmuhammadi v. Bloomingdale’s Inc., 755 F.3d 1072 (9th Cir. 2014), the court held that a waiver of the right to pursue class-action litigtion that was included in an arbitration...

Ninth Circuit may shootdown opposition to concealed carry in CA

According to Fox News, the Ninth Circuit Court has declared that it will no longer accept “interveners” in opposition to it’s decision earlier this year that California’s concealed carry protections were unconstitutional. The decision by the 9th U.S. Circuit Court of Appeals would bar other law enforcement officials, including state Attorney General Kamala Harris, from […]

Ninth Circuit Denies California Appeal: Eased Concealed Carry Requirements Stand

On February 13 Breitbart News reported that a three-judge panel of the Ninth U.S. Circuit Court of Appeals struck down California's "good cause" requirement for concealed carry permits in the state. Two weeks later, California Attorney General Kamala appealed, asking for the full 11-judge panel to hear and reverse the decision. Show More Summary

Peruta intervention denied!

Ninth Circuit order here. Peruta essentially held unconstitutional California's combination of "may issue" carry permits and banning all carry, open as well as concealed, absent such a permit. It was brought against the county sheriff. He announced he would not...

READ IT HERE: Idaho plaintiffs’ opposition to rehearing with 11-judge Ninth Circuit panel

Sane-sex couples in Idaho oppose rehearing in the Ninth Circuit. The post READ IT HERE: Idaho plaintiffs’ opposition to rehearing with 11-judge Ninth Circuit panel appeared first on Equality On Trial.

Ninth Circuit to hear Artist’s Resale Rights Appeal

In 2001 a number of artists including Chuck Close, Laddie John Dill, and the estates of Robert Graham and Sam Francis brought suit against auction houses and eBay to receive royalties they had been owed under California’s Resale Royalty Act. That Moral Rights legislation provided that visual artists should receive 5% of the resale price […]

Idaho Governor Butch Otter Vows to Continue Wasting Taxpayer Money Fighting Gay Marriage

3 weeks agoLGBT / Gay : Towleroad

Marriage equality is already the law of the land in Idaho, thanks to the Ninth Circuit's mandate striking down the state's ban on same-sex marriage. But you wouldn't know that listening to Governor Butch Otter, who continues to treat the...

Stan Lee Media Can't Assert Spider-Man Ownership in Disney Suit

Following yesterday's Ninth Circuit loss, Stan Lee Media won't be able to insert itself into Disney's Spider-Man dispute with a theater company.

Ninth Circuit upholds conviction of Valor thief Elven Swisher

Former Marine Elven Swisher told the Veterans Affairs Department that he had been wounded on a secret mission into China or North Korea in 1957, that he had been awarded a secret Purple Heart for the wounds, but that he’d been told to keep it quiet. As a result, he collected a few thousand bucks […]

Just in time for Halloween: this should make TM owners shiver

4 weeks agoIndustries / Law : 43(B)log

The Ninth Circuit is not kidding about not presuming irreparable harm in trademark cases. Titaness Light Shop, LLC v. Sunlight Supply, Inc., No. 13-16959 (9th Cir. Oct. 9, 2014) Sunlight uses “Titan Controls” for devices that control indoor gardening equipment. Show More Summary

Ninth Circuit Delivers Another Blow to Stan Lee Media

As Disney and Stan Lee Media argue their case in one appeals court, another has dealt a setback to the failed dot-com's feud with Stan Lee.

Ninth Circuit en banc updates

Updates from Alaska, Idaho, and Nevada. The post Ninth Circuit en banc updates appeared first on Equality On Trial.

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