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Jameis Winston Sexual Assault Accuser Files Civil Lawsuit

The Tampa Bay Times reports that former Florida State student Erica Kinsman, who says top NFL prospect Jameis Winston raped her in December 2012, has filed a civil suit against him. The suit, filed in Florida's ninth circuit court district,...Show More Summary

GUAM: AG Directs Territory To Issue Marriage Licenses, Governor Says No

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

Following a lawsuit filed last week, Guam Attorney General Elizabeth Barrett-Anderson has declared that same-sex marriage licenses are to be issued immediately, saying that the ruling of the Ninth Circuit Court in the case brought against Idaho is applicable. Show More Summary

Self-Serving Facts Enough to Survive Disability Summary Judgment

The Ninth Circuit has reversed a district court ruling granting summary judgment to Sears in a California disability law dispute. The district court had ruled that employee presented no triable claims because the evidence he offered was all self-serving. Of course it was, the Ninth ruled when reversing. Self-serving......

Ninth Circuit Goes Medieval over Self-Dealing ERISA Admins

If you're an ERISA lawyer or a history nerd, the Ninth Circuit has a case just for you. Administrators of a California firefighters' pension plan breached their trust duty when they paid their own fees and expenses from the plan's assets, the Ninth Circuit ruled on Tuesday. That's some......

Court Strikes Parts of Mich. Sex Offender Law for Vagueness

Courts are continuing the trend toward striking down Draconian laws targeting sex offenders. Last year, the Ninth Circuit Court of Appeal disapproved of California's requirement that sex offenders hand over all their Internet usernames to the state attorney general. Last month, the California Supreme Court overturned a state law categorically......

Corps Can't Sponsor Ballot Initiatives, 9th Rules En Banc

Corporations and other non-human associations don't have a First Amendment right to serve as official proponents of ballot initiatives, the Ninth Circuit held in a unanimous en banc ruling last Friday. The case involved a local law in Chula Vista, a San Diego suburb, which required that proponents of......

SCOTUS Won't Hear Students' American Flag Free Speech Case

The Supreme Court won't be hearing an appeal from high school students who sued after school administrators asked them to remove American flag T-shirts or take excused leave. That leaves intact the Ninth Circuit's ruling from a year ago, holding that the school did not violate the students' rights......

Ninth Circuit to Rehear 'Peruta' En Banc

Last year, a three-judge panel at the Ninth Circuit Court of Appeals issued one of the most resounding pro-Second Amendment decisions in recent memory: In a ruling Thursday afternoon, the 9th Circuit Court of Appeals reversed an earlier...Show More Summary

Dealership Workers get Overtime, 9th Rules in Circuit Split

Customer service workers at car dealerships aren't exempt from the FLSA's overtime protections, the Ninth Circuit ruled on Tuesday. The court's unanimous holding revived a lawsuit seeking unpaid overtime brought by four "service advisers" at a Mercedes Benz dealership in California. The Fair Labor Standards Act establishes minimum pay and......

Experts Not Needed - 9th Cir. Revives ADA Suit Against Eddie Bauer

Eddie Bauer, the struggling outdoor retailer, got some more bad news last Friday, when the Ninth Circuit ruled that a consumer's ADA lawsuit against the company had been wrongly dismissed. Chris Kohler, a disabled man who relies upon a wheelchair for mobility, had sued Eddie Bauer for violations of......

9th Cir. Breaks With Others, Allows Ban in Anti-Israel Ad Case

Seattle's prohibition of bus-side advertisements criticizing funding of the Israeli military doesn't violate the advertisers' free speech, the Ninth Circuit ruled last Wednesday. The ads, sponsored by the Seattle Mideast Awareness Campaign, had originally been accepted by the bus authority, but were rejected after public controversy. The ads were......

Should A Music Manager Also Be An Agent? Lawsuit To Decide Reinstated

Artist managers, who have been challenging California laws which preventing them from booking the artists they represent, will now get their day in court. The Ninth Circuit U. S. Court of Appeals has vacated a March 2013 decision by U. S. District Court Judge Dean D. Pregerson, which had previously...

Foie Gras Lawsuit Not Barred by Anti-SLAPP Claim

Even though a federal district court found California's foie gras ban was pre-empted by federal law, federal district court orders aren't necessarily binding on nonparties, so the federal case may have to wait for the Ninth Circuit to step in. But earlier this month, the First District Court of Appeal......

9th Cir: No Pre-emption in Suit Over Benecol Health Claims

The Ninth Circuit has reinstated a proposed class action against Johnson & Johnson and McNeil Nutritionals over allegedly misleading health claims and the trans fat content of their Benecol butter substitute, once hailed as one of the first foods "designed to act like medicine."Plaintiff Robert Reid contended that Benecol......

Calif. Law Unconstitutionally Applied to Protesters, 9th Cir. Rules

A California state law prohibiting "disturb[ing] or break[ing] up any assembly or meeting that is not unlawful in its character" isn't facially unconstitutional, a three-judge panel of the Ninth Circuit has ruled. On the other hand, the law was unconstitutionally applied to CPR for Skid Row, a homeless rights organization......

Supreme Court asked to hear $200 million Planned Parenthood fraud case

The Ninth Circuit rejected the ACLJ's previous appeal by arguing in essence that, since state officials "seemed to tacitly approve" of the alleged overbilling, it did not matter that Planned Parenthood's actions were illegal.

Va. County's Panhandling Ordinance Is Unconstitutional, 4th Cir. Says

A few years ago, the Ninth Circuit ruled against the City of Redondo Beach in a dispute over a city ordinance prohibiting standing in the street to solicit anything in exchange for money. The ordinance was really directed toward day laborers; Redondo Beach wanted a way to stop them from......

HONESTLY, THIS KIND OF BEHAVIOR SHOULD CARRY THE DEATH PENALTY: California Prosecutor Falsifies Tra…

HONESTLY, THIS KIND OF BEHAVIOR SHOULD CARRY THE DEATH PENALTY: California Prosecutor Falsifies Transcript of Confession; California Attorney General Kamala Harris Defends. Ninth Circuit Judge Alex Kozinski declared months ago in a much-quoted opinion that there is “an epidemic of Brady violations abroad in the land.” And yet, prosecutors continue to deny there’s a problem. […]

In Asylum Case, 9th Tells BIA to Consider Imputed Political Opinion

The Ninth Circuit has ruled that the Board of Immigration Appeals (BIA) erred in not considering imputed political opinion as a ground for asylum in an Armenian man's case. Petitioner Hayk Khudaverdyan sought asylum in the United States. He claimed that he was unable to return to Armenia because he......

Bob Marley's Heirs Win Trademark Dispute at 9th Cir.

Another day, another iconic 1960s musician's image going to federal court over trademark disputes. In August, the Ninth Circuit said that Jimi Hendrix's post-mortem publicity rights survived in Washington state, thanks to a state statute allowing it (otherwise, publicity rights don't normally survive death). Last week, the Ninth Circuit affirmed......

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