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"Ninth Circuit"

Latest news and video coverage curated from trusted media outlets

Episode 36 : Disorder In The Court [Video]

Episode 36 : Disorder In The Court

Oral arguments before the Fourth Circuit En Banc for Bianchi v. Brown, which is Maryland's "Assault Weapon" ban, a glimpse Into the mind of a gun grabber, I know, not very..

Credit: RumblePublished
Cesspool of Judicial Corruption: The David Hinkson Story [Video]

Cesspool of Judicial Corruption: The David Hinkson Story

David Hinkson and his supporters were asking just citizens (and this means you!) to post letters to Chief Judge Kozinski of the Ninth Circuit. Regrettably, David died, I believe in prison.

Credit: Rumble     Duration: 26:07Published
Honor Radio HR002 | Joe Kennedy | Former Football Coach Bremerton HS  |  First Liberty Institute [Video]

Honor Radio HR002 | Joe Kennedy | Former Football Coach Bremerton HS | First Liberty Institute

Head Coach Joe Kennedy has become a dear friend of The Honor Group. In 2015, Coach Kennedy was placed on administrative leave by the Bremerton School District when he kneeled down after a high school..

Credit: Rumble     Duration: 28:28Published

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United States: Ninth Circuit Weighs In On Willful Blindness And The Knowledge Needed For Contributory Trademark Infringement - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Contributory liability is important for brand owners to consider when seeking to enforce their trademarks online, especially when dealing with online marketplaces.
Mondaq - Published

United States: Ninth Circuit: Changes To A Services Agreement Require Consideration Of Indirect Compensation - Proskauer Rose LLP

A recent Ninth Circuit decision has generated considerable controversy amongst employee benefits practitioners by holding that plan fiduciaries engaged in prohibited transactions...
Mondaq - Published

United States: In Blow To Renewables, Ninth Circuit Mostly Upholds FERC's PURPA Reforms - Holland & Knight

The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission...
Mondaq - Published

United States: It's Not Patently Obvious: Ninth Circuit Holds Public Disclosure Bar Does Not Apply To IPR Proceedings - Arnold & Porter

In a recent decision, United States ex rel. Silbersher v. Valeant Pharmaceuticals International Inc., 2023 WL 4940429 (9th Cir. Aug. 3, 2023)...
Mondaq - Published

United States: FERC's PURPA Reform Rule Survives Judicial Review Intact, Subject To An Environmental Assessment, As The Majority Of The Ninth Circuit Panel Continues To Embrace Chevron Deference - Steptoe & Johnson

We previously indicated that "[t]he March 8, 2022 SEIA v. FERC oral argument on FERC's PURPA reform rule – Order No. 872 – resulted in a somewhat unexpected lesson...
Mondaq - Published

United States: This Week At The Ninth: Turbines And Protein - Morrison & Foerster LLP

This week, the Ninth Circuit tackles two issues of regulatory interpretation, addressing the Federal Aviation Administration's rules governing challenges to "no hazard"...
Mondaq - Published

United States: Should The Ninth Circuit's Waiver Test Be More Closely Scrutinized? - Winston & Strawn LLP

Hill v. Xerox Business Services, LLC shows how the Ninth Circuit's waiver test, revised after a 2022 SCOTUS case, could force defendants in potentially arbitrable cases to instead become...
Mondaq - Published

India Moves A Step Closer To Collar 26/ 11 Accused Tahawwur Rana

Tahawwur Rana has filed an appeal against the order and sought a stay on his extradition to India till the time his appeal in the Ninth Circuit Court is heard. 
Zee News - Published

United States: The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act - Seyfarth Shaw LLP

Carmona is the latest stop in a journey that has seen courts liberally interpret "interstate commerce" to encompass intrastate transportation.
Mondaq - Published

United States: Text Messages Are NOT Prerecorded Voice Messages - Klein Moynihan Turco LLP

On August 8, 2023, the Ninth Circuit Court of Appeals issued a major win for both Telephone Consumer Protection Act ("TCPA") defendants and the industry at large.
Mondaq - Published

United States: Ninth Circuit Revives Sexual Harassment Suit Based On Music - Manatt, Phelps & Phillips LLP

Harassment doesn't have to target a specific individual to be actionable under Title VII, a panel of the Ninth U.S. Circuit Court of Appeals has ruled in a class action alleging sexual harassment.
Mondaq - Published

United States: Tethered To The Court: Ninth Circuit Holds That 100-Mile Limitation Applies To Remote Testimony - Proskauer Rose LLP

Addressing an issue of first impression, and one that is becoming increasingly important as the legal industry has become more comfortable with and dependent on video conference technology...
Mondaq - Published

Big victory for Antrix as US court rejects lower court order on ICC $1.3bn compensation to Devas, nullifies attachment of Isro arm's assets in America

In a big victory for Antrix in its long-drawn legal fight against Bengaluru-based Devas Multimedia and its foreign investors on American soil, the Ninth Circuit Court in California, which is by far the..
IndiaTimes - Published

United States: Ninth Circuit Clarifies When One-Year FDCPA Statute Of Limitations Begins To Run - Womble Bond Dickinson

A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection...
Mondaq - Published

United States: Lowery v. Rhapsody International, Inc.: Reasonableness Of Attorneys' Fee Awards In Rule 23 Class Action Settlements - Winston & Strawn LLP

In a recent Ninth Circuit decision, the court affirmed that the key factor in determining whether an attorneys' fee award in a Rule 23 class action settlement is reasonable...
Mondaq - Published

United States: Ninth Circuit Reverses Award Of Attorneys' Fees More Than 30 Times Greater Than Amount Received By Class Members - McGuireWoods LLP

In Lowery v. Rhapsody International, Inc., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys' fees to class counsel that was..
Mondaq - Published

United States: Potential Lanham Act Reverberations: "Malicious" And "Threat" Are Statements Of Fact, Not Opinion - Winston & Strawn LLP

On June 2, 2023, the Ninth Circuit overturned a district court's dismissal of a false advertising claim brought by Enigma Software Group USA LLC (Enigma) under Section 43(a) of the Lanham Act...
Mondaq - Published

United States: Ninth Circuit Tosses Grey Wolf Case On Standing Grounds - Duane Morris LLP

On June 14, 2023, a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a lawsuit brought by Wildearth Guardians and other environment activist groups challenging...
Mondaq - Published

United States: SCOTUS Finds Dog Poop Jokes Reek Of Infringement - Seyfarth Shaw LLP

The U.S. Supreme Court has unanimously rejected the Ninth Circuit's opinion that a poop-themed dog toy should be protected as parody under the First Amendment. SCOTUS ruled today in Jack Daniel's...
Mondaq - Published

United States: Berkeley's Natural Gas Ban In New Housing And Businesses Not Allowed, Says Ninth Circuit - Manatt, Phelps & Phillips LLP

Local or state regulations seeking to decarbonize new buildings by banning natural gas appliances or infrastructure are preempted under federal law according to the Ninth Circuit Court of Appeals.
Mondaq - Published

United States: Ninth Circuit Affirms Epic's Loss Against Apple Via Flawed Analysis Of Antitrust Law - MoginRubin

On April 24, 2023, a three-judge panel from the Ninth Circuit largely affirmed a district court's judgment following a bench trial that Epic Games, Inc., failed to prove its antitrust claims...
Mondaq - Published

Apple declares victory in anti-trust battle against Epic Games

Apple has won the long-drawn antitrust court battle in the US against Fortnite maker Epic Games over its App Store policies. The ruling is a major setback for Epic Games and other developers and could..
BGR India - Published

United States: Ninth Circuit Holds That California Prohibition On Insuring Willful Conduct Does Not Require Final Adjudication In Underlying Action - Wiley Rein

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that California Insurance Code Section 533, which prohibits insurance coverage for willful conduct...
Mondaq - Published

United States: FAA Preempts AB 51, Ninth Circuit Holds - Manatt, Phelps & Phillips LLP

The battle over arbitration in California continues, with a divided panel of the Ninth U.S. Circuit Court of Appeals ruling that the Federal Arbitration Act (FAA) preempts the state's Assembly Bill..
Mondaq - Published

United States: Ninth Circuit's "Primary Purpose" Test Governs For Dual-Purpose Attorney-Client Communications - Nossaman LLP

The U.S. Supreme Court dismissed a petition for writ of certiorari to review a decision of the U.S. Court of Appeals for the Ninth Circuit addressing the scope of the attorney-client privilege.
Mondaq - Published

United States: Ninth Circuit Affirms Dismissal Of Lawsuit Challenging OEM "Destination Charges" As Deceptive - Seyfarth Shaw LLP

The Ninth Circuit recently affirmed the dismissal of a putative consumer class action challenging a manufacturer's "destination charge" as an undisclosed and deceptive "vessel for profit" in...
Mondaq - Published

United States: PETA Open Records Case Takes An Interesting Turn - Duane Morris LLP

On February 17, 2023, a panel of the U.S. Court of Appeals for the Ninth Circuit reversed a preliminary injunction that had restrained the University of Washington from releasing records containing..
Mondaq - Published

United States: Federal Court Kicks California Arbitration Ban To The Curb - Mintz

The Ninth Circuit Court of Appeals recently struck down a California law that prohibited employers from mandating the arbitration of workplace disputes.
Mondaq - Published

United States: Ninth Circuit Upholds Injunction Blocking A California Law That Would Have Severely Limited Employment Arbitration Agreements - Mayer Brown

As debates over corporate purpose and governance intensify, a refreshing perspective from history and Delaware law may be of interest.
Mondaq - Published

United States: Mandatory Arbitration Lives On In California: Ninth Circuit Strikes Down AB 51 - Foley & Lardner

Mandatory arbitration agreements have been the subject of considerable litigation in California. As we previously reported, much of this discord stems from 2019's Assembly Bill 51 (AB 51)...
Mondaq - Published

United States: ACCs And EPC: Ninth Circuit Certifies Question Of Whether Policy Provision Can Circumvent Efficient Proximate Cause Doctrine - Duane Morris LLP

Earlier this month, the United States Court of Appeals for the Ninth Circuit certified the following questions to the Montana Supreme Court: "Whether an anti-concurrent cause...
Mondaq - Published

United States: Arbitration Lovers Rejoice: Ninth Circuit Holds That Federal Arbitration Act Preempts California's AB 51, Allows Arbitration Agreements As Condition Of Employment - Buchanan Ingersoll & Rooney PC

The California Assembly introduced Assembly Bill (AB) 51 in late 2018, the latest in a prolonged effort to create legislation that would sidestep the Federal Arbitration Act (FAA)...
Mondaq - Published

United States: Ninth Circuit Rejects Heightened State-of-Mind Pleading Requirement For Section 14(e) Claims - Akin Gump Strauss Hauer & Feld LLP

Grier v. Finjan Holdings, Inc. centers around a 2020 transaction in which asset manager Fortress Investment Group LLC acquired all shares of a publicly-traded cybersecurity company...
Mondaq - Published

United States: Ninth Circuit Clarifies De Novo Review Standard And Newly-Raised Arguments In ERISA Litigation - Seyfarth Shaw LLP

Recently, the Ninth Circuit addressed and further clarified the requirement of a "full and fair review" in the context of a long-term disability benefit case under the Employee Retirement Income..
Mondaq - Published

United States: Ninth Circuit Holds That Complaint Sufficiently Alleged Company Was "Statutory Seller" Under Section 12(a)(2) Based On Social Media Videos Even Though Plaintiff Was Not Specifically Solicited - Shearman & Sterling LLP

Defendants argued that more targeted solicitation is required based on language in Pinter suggesting that a "buyer-seller relationship not unlike traditional contractual privity" is required.
Mondaq - Published

United States: Ninth Circuit Remands 2019 Registration Of Sulfoxaflor Back To EPA - Nossaman LLP

EPA also violated FIFRA's requirement of public notice and comment in the event of a new ingredient or new use of a pesticide.
Mondaq - Published


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