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Cockfighting May Be 'Vile' But It Might Not Be Enough to Get You Deported

Congress may view cockfighting as vile and depraved. It may be a "scourge that warrants prosecution." It is, no doubt, cruel and reprehensible. But it might not justify deportation as a crime of moral turpitude, the Ninth Circuit ruled yesterday. The ruling comes after the Department of Homeland Security......

9th Circuit OKs Medical Weed Against DOJ

A three-judge panel of the Ninth Circuit has unanimously found in favor medical marijuana users by declaring that DOJ prosecutions of users is forbidden under Consolidated Appropriations Act sec. 542. In plain English, the Ninth Circuit said: "DOJ, stop wasting money going after otherwise state-law observant medical pot users."......

The Ninth Circuit Just Handed Medical Marijuana Patients a Huge Victory

On Tuesday, the U.S. Court of Appeals for the 9 th Circuit handed medical marijuana patients a huge legal victory, barring the federal government from prosecuting patients, growers, and dispensaries that follow state medical marijuana laws. Show More Summary

Ninth Circuit Rules Feds Can't Prosecute Medical Marijuana Sellers Complying With State Law

Marijuana of course remains illegal under federal law, but the new ruling relies on the 2015 Congressional budget amendment that took away all funding for such prosecutions. [ more › ]

Morning Docket: 08.17.16

Ding ding ding, we have a winner: with a bid of $135 million, Univision has prevailed in the auction to buy Gawker Media's assets (held at the offices of Gawker's bankruptcy counsel, Ropes & Gray). [Politico] The Ninth Circuit rules that the feds can't spend money to prosecute people whose actions comply with state medical marijuana laws. Show More Summary

9th Cir: Miwok Indians Did Not Waive Sovereign Immunity

The Ninth Circuit ruled that the Shingle Springs Band of Miwok Indians did not inadvertently waive their sovereign immunity by removing a state court matter into a federal court. This is largely because such a move did not constitute a clean and unequivocal waiver. With or without a trial, the ruling......

Judge Kozinski Won’t Read Your ‘Fat’ Or ‘Chubby’ Brief

Protip: when in the Ninth Circuit, avoid filing an overlength brief at all costs.

9th Cir. Rejects Use of CERCLA to Fight Airborne Toxics

The Comprehensive Environmental Response, Compensation, and Liability Act can't be used against companies that "dispose" of hazardous substances through air pollution, the Ninth Circuit ruled last week, in a case of first impression. The State of Washington and Colville Tribes had sought to use CERCLA, also known as the......

Montana Candidate Asks #SCOTUS Intervention in False Speech in Judicial Election Case

Back in June, Dan T. reported:”A federal district court has denied an injunction against Montana rules restricting false statements by and about judicial candidates (Myers v. Thompson).” The Ninth Circuit denied relief and now the candidate has petitioned Justice Kennedy … Continue reading ?

'Not a Church' -- Dignity Health Plan Doesn't Qualify for ERISA Exception

In what can be fairly called a legal nice try, the Ninth Circuit's Court of Appeals has ruled that Dignity Health's pension plan does not qualify for ERISA's church plan exemption. It's a a ruling that is so far consistent with the findings of other courts on the subject. Only......

IRS Acquiesces In Ninth Circuit Decision Giving Unmarried Couples Double The Mortgage Interest Deduction Available To Married Couples

The IRS has issued AOD 2016-02, 2016-31 IRB 193 (Aug. 1, 2016), acquiescing in the Ninth Circuit's decision in Voss v. Commissioner, 796 F.3d 1051 (9th Cir. 2015), which held that the § 163(h)(3) limitations on the deductibility of mortgage interest ($1 million of acquisition indebtedness plus $100,000 of home...

Great Case from the 9th Circuit (May 13, 2016)

CA Department of Health Care Services sues the Office of Administrative Hearings (OAH) in a special education due process hearing. May 13, 2016 decision from Ninth Circuit Court of Appeals. Continue Reading ?

3 Count: Burning, Man

Ninth Circuit rules art car not a visual work of art under VARA, Russia orders news site blocked over article infringement and more... The post 3 Count: Burning, Man appeared first on Plagiarism Today.

Porn Star's Libel Suit Survives Dismissal at the Ninth Circuit

The Ninth Circuit has greenlit a defamation lawsuit brought against the British tabloid Daily Mail Online by the former soft-core porn model Danni Ashe. It's a bit of a victory for those "public figures" who generally fight an uphill battle with regards to defamation suits.......

Appeals Court Says DOJ Can Keep Its Evidence-Production Guidelines To Itself

last monthIndustries / Law : Techdirt

Judge Alex Kozinski pointed out the obvious in a Ninth Circuit Appeals Court decision: There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it. Brady evidence -- possibly exonerating evidence that prosecutors are required to turn over to the defense -- is far too frequently withheld and/or buried. Show More Summary

A Victory for Free Speech in the Criminal Justice System

Earlier this month, the California-based U.S. Court of Appeals for the Ninth Circuit upheld the First Amendment rights of Darren Chaker, siding with a position Cato took in the case. A lower-court judge revoked Chaker’s supervised release...Show More Summary

“…a federal crime to visit a website after being told not to visit it”

Last week’s Ninth Circuit case of Facebook v. Vachani is making many observers uneasy. Orin Kerr writes: For those of us worried about broad readings of the Computer Fraud and Abuse Act, the decision is quite troubling. Its reasoning appears to be very broad. Show More Summary

Court Rules the Navy Must Reduce Use of Marine Life-Disturbing Sonar

last monthHumor / odd : mental_floss

The Ninth Circuit Court of Appeals has ruled that the regulation allowing the Navy to use its long-range sonar violates the Marine Protection Act.

In U.S. Navy VS. Marine Life Throwdown, The Dolphins Prevail

last monthVehicles / Cars : Jalopnik

The United States Court of Appeals for the Ninth Circuit in San Francisco just ruled unanimously that the Navy misbehaved with its sonar, and at levels that could hurt and interrupt the feeding and mating of whales, seals, dolphins and walruses. Oops. Read more...

Federal Court Rules Against The US Navy, In Favor Of Whales

The US Navy has wrongly used sonar at levels that could harm whales, seals, dolphins and walruses and disrupt their feeding and mating, ruled a federal appeals court in San Francisco. In a 3-0 decision the Ninth U.S. Circuit Court of...Show More Summary

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