In March, the Ninth Circuit declared that Canada-based BitTorrent search engine isoHunt is not entitled to protection under the safe harbor provisions of the DMCA due to its conduct many years ago. IsoHunt filed a petition for a rehearing before a jury, but yesterday a Ninth Circuit panel unanimously rejected it. Show More Summary
Judge Clifton of the Ninth Circuit (via ArsTechnica): Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so,” the opinion begins. [...]Show More Summary
The Ninth Circuit smacks down copyright trolls. Continue reading » Follow Above the Law on Twitter or become a fan on Facebook. Tags: 9th Circuit, Benchslap, Benchslaps, Copyright, Copyright Infringement, Copyright Law, Copyright Trolls,...Show More Summary
"Merely calling someone a copyright owner does not make it so," the Ninth Circuit ruled Thursday, invoking the words of the 16th president of the United States.
Never had standing to sue, Ninth Circuit confirms.
(Eugene Volokh) The decision is Righthaven, LLC v. Hoehn (9th Cir. May 9, 2013), and it holds that Righthaven didn’t properly secure the exclusive rights needed to sue various alleged copyright infringers. (In this particular case, Righthaven had sued two people who posted newspaper articles onto Web sites, though it had also sued others in the past.) [...]
By Jacob Combs A judge on the Ninth Circuit Court of Appeals held last week that the federal judiciary discriminated against an lesbian assistant federal public defender in Portland when it refused to recognize her Canadian marriage, the Williamette Week reported last Thursday. In his ruling, Judge Harry Pregerson held that both Oregon’s marriage equality ban and the [...]
Ninth Circuit Court Judge Harry Pregerson yesterday ruled in favor of an Oregon lesbian who has been denied federal health benefits for her partner. The judge's ruling does not overturn Oregon's 2004 ban on same-sex marriage. Pregerson...Show More Summary
The Ninth Circuit rejects a settlement that would pay class representatives far more than other class members -- if they agreed to the deal.
By Scottie Thomaston Yesterday, the Ninth Circuit Court of Appeals heard arguments in cases testing the constitutionality of California’s recently-enacted ban on so called “conversion therapy” for LGBT youths. The district court judges in the two cases issued opposing rulings: One refused to block the law after ruling the plaintiffs were unlikely to prove the [...]
Last year, the Sixth Circuit surpassed the Ninth Circuit as the most-reversed federal appellate court, according to the ABA Journal. This term, the Third Circuit Court of Appeals is looking like a real contender for the most mistaken crown. Last month, the Supreme Court reversed the Philadelphia-based appellate court in......
Today the U.S. Court of Appeals Ninth Circuit issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government's practice of putting immigration detainees behind...Show More Summary
New to the Ninth Circuit? New to appellate work in general? The Appellate Mentoring Program is a new service offered by the Ninth Circuit that pairs volunteer mentors with those in need - whether they be new to the practice of law or simply rusty at appellate work. Though the......
As Rick has already noted, a couple of weeks ago the Supreme Court granted cert to review the Ninth Circuit’s decision in U.S. Forest Service v. Pacific Rivers Council. Rick expressed pessimism about whether the Ninth Circuit’s decision would be upheld in the Supreme Court. I think he’s probably right about that, but there are [...]
More than a year after the Ninth Circuit initiated a judicial misconduct review at his own request, former Chief District Judge Richard Cebull stepped down from the bench, ending his brief foray into senior status. For those who missed last year’s scandal, Judge Cebull asked the Ninth Circuit to review......
A few days ago I broke down a case from the Ninth Circuit permitting sectarian prayers at the opening of city council meetings for a city in California. In 2011, the Fourth Circuit reached the opposite conclusion with respect to a North Carolina county. Show More Summary
Broadcasters predicted that a victory for Barry Diller's Aereo would irreparably harm the TV industry, but the Ninth Circuit refuses to shut it down. read more
Let’s put to rest the trope that the Ninth Circuit is a court where out-of-control liberal activist judges run amok on all that is legal, just, and true. That notion is simply false. A case from the Ninth Circuit yesterday upheld the power of a city near where I live to hold sectarian invocations before City Council meetings. I break it all down for you after the jump.
The Ninth giveth, and the Ninth taketh away. Seven days after releasing the Veoh decision, which buttressed the DMCA Safe Harbor protections by extending protection to providers that know that they host copyrightable material and that their services could be used for infringement, the same three judges trimmed away DMCA......
Dale Carpenter analyzes today’s oral arguments: The best possible outcome for same-sex marriage advocates at this point is probably to have the Court dismiss the case on standing grounds, vacating the Ninth Circuit’s opinion, and leaving the District Court’s order in place. The Prop 8 proponents have never been able to show a particularized, personal injury [...]