Trend Results : Ninth Circuit


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9th Circuit Affirms Life Sentence Despite 'Reclassification'

A state's post-conviction reclassification of a crime from a felony to misdemeanor has no bearing on a federal statute's sentencing guidelines, the Ninth Circuit said recently. Even though a criminal might get relief from his felony status years after the fact by the state, federal sentencing rules will still look......

Carly Fiorina and Ted Cruz: The Daughter of Ninth Circuit Judge Joseph T. Sneed's Unfortunate Dalliance with Genuine Extremism

Ted Cruz has many extremist policy positions -- many that are particularly and purposefully harmful to women. Cruz would force a raped teenage girl to carry the resulting rape-pregnancy to term. In announcing my quixotic attempt to enter...Show More Summary

Ninth Circuit Grants Rehearing En Banc in Case Involving Tuscon City Council “Hybrid” Election System

Order. The panel decision featured an opinion by Judge Kozinski and a dissent by Judge Tallman. Judge Kozinski explained the hybrid system in the panel decision: In some American cities, council seats are filled at large, with the entire city … Continue reading ?

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 […]

Suspended, Bankrupt Lawyer Can Discharge Debt Owed to Client

Consider it a silver lining: even if your law license is suspended and you're so broke former clients are now your creditors, you can still discharge that client debt in bankruptcy. That's the conclusion of the Ninth Circuit, which ruled last Thursday that a suspended California lawyer could discharge......

Federal Court Applies PMA Preemption to a Device Approved under the FDA’s Humanitarian Device Exemption

A federal court in the Ninth Circuit has held that PMA preemption extends beyond claims involving medical devices approved through the more traditional PMA process. It now also includes claims involving devices that were approved under the FDA’s humanitarian device exemption, or HDE. Show More Summary

Morning Docket: 04.12.16

Howrey doing with all those profit clawbacks for unfinished business? The bankruptcy trustee for this defunct firm filed an appeal with the Ninth Circuit to determine whether his method of collecting cash for the insolvent firm's estate...Show More Summary

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.

California Supreme Court Makes It Easier to Sue Over Seats

California's highest court jumped into a surprisingly controversial area of the law yesterday: seating. The California Supreme Court provided guidance to the Ninth Circuit on Monday in a case brought by retail and banking employees trying to sue their bosses over lack of adequate seating -- and trying to form......

San Diego 'Bite and Hold' Case Will Proceed to Trial: 9th Cir.

Are the San Diego's policies employing canine units to "bite and hold" an unconstitutional violation of civil rights? Reasonable minds may disagree, and that is why the Ninth Circuit has reversed a lower court dismissal of the lawsuit allowing the suit to move forward to trial. However your opinion may......

Glendale Casino Doesn't Violate Gaming Compact, 9th Rules

The Tohono O'odham Nation did not violate a gaming compact between it and the state of Arizona when it planned to build a casino in Glendale, the Ninth Circuit ruled yesterday. Arizona and two other tribes claimed that the tribe's casino plans were in violation of a 2002 gaming......

Fast-Track Death Penalty Program Survives Challenge

An attempt by the Justice Department to speed up the death penalty process survived a challenge in the Ninth Circuit last week. Under a federal program, states that provide certified, competent representation to capital prisoners can have those prisoners' federal habeas petitions "fast-tracked," dropping the time prisoners have to......

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

PHOTOS: Get Completely Submerged At This Year’s Black Party In NYC

last monthLGBT / Gay : Queerty

Now in its ninth year, The Black Party is a weekend-long circuit event held in New York that showcases contemporary gay erotic art, culture and other forms of sexual expression. This year’s theme was “SUBmerged” and featured aquatic lighting and decor, plus eight different DJs, live performances, and a shark-shaped disco ball. Oh, and tons of hot guys. It wouldn’t be [...]

The 'Monkey Selfie' Monkey Just Filed an Appeal

Naruto v. Slater is headed to the Ninth Circuit, fighting for animal copyrights.

Sexual Harassment Claims Against Prison Co. Will Go Forward

A previously dismissed sexual harassment suit brought against a Florida-state correctional agency that contracts with the Department of Justice must be reinstated, said the Ninth Circuit. The case centers on the unprofessional and sexually explicit behaviors of male co-workers who were employees of Florida based Geo Group. The Arizona Attorneys......

Ed O'Bannon lawsuit could be headed to Supreme Court

The next step for Ed O’Bannon’s antitrust lawsuit against the NCAA could be the Supreme Court. Lawyers for the plaintiffs filed an appeal Tuesday to the high court, asking it to hear the case. This follows the Ninth U.S. Circuit Court...Show More Summary

9th Circuit Decides Indian Reservation Murder Case

It's rare when issues of jurisdiction actually sound interesting, but a recent case in California makes the grade. The Ninth Circuit affirmed in part a criminal judgment against a defendant in a murder case where jurisdiction over the defendant turned on whether or not the victim was Indian. This case......

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......

Alaska Polar Bears Win in 9th Circuit Ruling

The Ninth Circuit just overturned a lower district court decision that favored Big Oil, thereby strengthening protections of critical Alaskan polar bear habitat. The decision restores approximately 187,000 square miles of land-sea to protection under the Endangered Species Act and re-designates the area as "critical habitat" for polar bears.......

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