Trend Results : Ninth Circuit

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SolarCity Mistake Escapes Class-Action Burn

The U.S. Ninth Circuit Court of Appeals spared Solar City an embarrassing loss, but also said it was a "mismanaged organization in need of closer financial oversight." The decision scrolls back to the company's initial public offering in 2012, when it raised more than $92 million. It put the......

Trump fails to evade climate change lawsuit filed by 21 youths

21 youths are taking on the United States government over climate change in the lawsuit Juliana v. U.S. - and so far President Donald Trump has failed at attempts to dodge them. The plaintiffs just won a victory: the Ninth Circuit Court of Appeals ruled the case can indeed move towards a trial, Bloomberg reported. Show More Summary

Court Says Arizona Residents Hassled By CBP Encroachment Can Move Forward With Their First Amendment Lawsuit

2 weeks agoIndustries / Law : Techdirt

About a half-decade ago, Customs and Border Patrol turned roads in and out of a small Arizona town into East Germany. Now, the Ninth Circuit Appeals Court has ruled residents of Arivaca, Arizona can move forward with the civil rights...Show More Summary

Court Says FTC Can Go After AT&T for Data-Speed Slow-Downs

The FTC can gun for AT&T once again, according to the Ninth U.S. Circuit Court of Appeals, which says the agency has the purview to regulate large internet service providers. The case reaches way back to 2014 when the FTC first sued AT&T over throttling users' mobile data speeds without properly informing them. Show More Summary

SCOTUS Hands Trump Temporary Setback on DACA Cancellation

The March 5 deadline set for DACA’s demise is now a dead letter as the Ninth Circuit and then perhaps SCOTUS will review Trump’s action.

California | Supreme Court Denial of Review in 10-Day Waiting Period Laws

The Calguns Foundation has issued the following statement regarding the Supreme Court’s decision to not review a Ninth Circuit Court of Appeals decision. This post California | Supreme Court Denial of Review in 10-Day Waiting Period Laws appeared first on

"So while filing an appeal [in the DACA case] to the Ninth Circuit, the administration’s lawyers also went to the Supreme Court with a 'petition for a writ of certiorari before judgment'..."

"... a request to the justices to hear the case this spring without waiting. The Supreme Court’s rules reserve this court-jumping procedure for cases of 'imperative public importance.' Only a handful of cases has cleared that bar, including...Show More Summary

Ninth Circuit Shuts Down 'Terrorists Used Twitter' Case But Not Because Of Section 230

last monthIndustries / Law : Techdirt

With the event at Santa Clara earlier this month, and the companion essays published here, we've been talking a lot lately about how platforms moderate content. It can be a challenging task for a platform to figure out how to balance...Show More Summary

'Hyundai' Case Recharges Debate Over Class Action Approval Standards

The Ninth Circuit's Jan. 23 opinion in In re Hyundai and Kia Fuel Economy Litigation imposed a strict set of requirements that alarmed lawyers on both sides but mostly those in the plaintiffs bar.       

Continued Judicial Resistance to the Second Amendment

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” According to the U.S. Court of Appeals for the Ninth Circuit, however, acquiring arms has nothing to do with keeping and bearing them. Show More Summary

Ninth Circuit rules Clean Water Act permit required for indirect discharge to ocean waters

It was a great exam question (at least I thought so — you’ll have to ask my Environmental Law and Policy students if they agree): does the disposal of treated wastewater from a municipal wastewater treatment plant into the ground through injection wells located a short distance from the ocean require  an NPDES permit under […]

CALIFORNIA: Ninth Circuit Court Upholds Gay Porn Actor’s Conviction For Blackmailing Tech Tycoon

last monthLGBT / Gay : Joe. My. God.

Courthouse News Service reports: The Ninth Circuit on Tuesday affirmed a gay porn actor’s conviction for blackmailing a Florida tech tycoon, ruling that fear of reputational harm supported the government’s federal extortion charges.Show More Summary

2nd Cir. Powerless to Pursue Former Justice Kozinski

The news about former Ninth Circuit Justice Kozinski's resignation amid allegations of misconduct came as a shock to the public. And now, the Second Circuit's opinion that the judiciary is powerless to pursue the complaint against him is definitely leading to some unpleasant reactions. In case you've had your......

Immigrant Children Do Not Have the Right to an Attorney Unless They Can Pay, Rules Appeals Court

In a blow to due process, children are left to fend for themselves in immigration court. The consequences will be brutal. Last week, a three-judge panel of the Ninth Circuit issued a truly brutal decision, concluding that the Constitution...Show More Summary

Pennsylvania's Baby Trump Wants to Impeach Judges He Doesn't Like

last monthNews : The Daily Beast

Photo Illustration by The Daily Beast It’s no secret that Donald Trump has a problem with the rule of law: undermining the FBI, wanting to have the Ninth Circuit Court of Appeals “broken up,” possibly obstructing justice himself, and recently accusing Democrats lawmakers of treason. Show More Summary

Maui Water Quality Wins at the Ninth Circuit Court of Appeals

In 2012, Surfrider Foundation, Hawai‘i Wildlife Fund, Sierra Club-Maui Group, and West Maui Preservation Association filed a lawsuit against the County of Maui for operating the polluting Lahaina Wastewater Reclamation Facility on West...Show More Summary

No Free Attorney for Accompanied Child Deportees, 9th Cir. Rules

A recent case decided by the Ninth Circuit has been causing a stir, simply for reaffirming what's already well established, though resoundingly un-liked, under the law: Accompanied minors facing deportation do not have the right to an attorney provided by the government. In addition to that holding, the Ninth......

Morning Docket: 01.30.18

2 months agoIndustries / Law : Above the Law

Just in time for the State of the Union, the Ninth Circuit ruled that immigrant children can be railroaded out of the country without access to a lawyer. Maybe they'll avoid Trump's ire tonight. [The Hill] Have you read about the Presidents Club dinner? If not, then you can read here, but it's basically Tailhook for rich people. Show More Summary

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