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Ruth Bader Ginsburg: The Supreme Court Needs a Ninth Justice

On Thursday, Justice Ruth Bader Ginsburg closed her annual address to the Second Circuit Judicial Conference with a surprising prediction: “Eight, as you know, is not a good number for a multimember court,” she told the audience. “When...Show More Summary

“Attorney General seeks partial stay in campaign spending ruling”

The latest from Montana: Montana Attorney General Tim Fox’s office filed a motion for an immediate partial stay with U.S. Ninth Circuit Court of Appeals after a ruling by U.S. District Judge Charles Lovell struck down the state’s campaign contribution … Continue reading ?

9th Cir: 2nd Amendment Also Means "Right to Buy Arms"

The Ninth Circuit Court of Appeals took on an eyebrow-raising tone recently when it endorsed a pro-gun advocate notion that a "right to buy arms" is implied within the Second Amendment's right to bear arms. The decision is a major blow to Alameda County's attempts to limit gun sales and......

Ninth Circuit: Right to Bear Includes Right to Sell

Business partners who had planned to open a gun shop in Alameda County, CA, were denied a zoning permit due to its proximity to a residential neighborhood. The San Francisco-based Ninth U.S. Circuit Court of Appeals has just ruled that...Show More Summary

9th Circuit Boots Judge From BarBri Case to 'Preserve Justice'

The Ninth Circuit booted U.S. District Judge Manuel Real from a now recurring antitrust case involving Kaplan and West Publishing (makers of BarBri), while reversing his ruling. The circuit's decision might have appeared inevitable to some, given that Real's rulings on previous antitrust cases involving BarBri have been reversed three......

Ninth Cir. Upholds 'Neutral Timekeeping' in Employee Pay

The Court of Appeals for the Ninth Circuit upheld what is quickly becoming doctrine in all the federal courts: neutral-timekeeping is lawful under the FLSA. The decision comes as a blow to Andre Corbin and other hourly wage-earners like him who allege lost wages due to unfavorable rounding to the......

9th Cir. Upholds Law Behind Sheriff Arpaio's Workplace Raids

Arizona's identity theft laws are not facially preempted by federal immigration law, the Ninth Circuit ruled on Monday. The state's identity theft laws prohibit the use of a false identity to obtain employment. The laws had been used by the controversial sheriff of Maricopa County, Joe Arpaio, to raid......

Breaking: Kerry Thomas HIV Criminalization Appeal Dismissed

The Idaho man serving 30 years for non-disclosure must now put his hopes in the Ninth Circuit Court of Appeals.

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

2 months agoTechnology : Forbes: Tech

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......

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