9th Circuit (incl. bankruptcy)

The United States Court of Appeals for the Ninth Circuit, is the largest, with 29 judgeships presently hearing cases on the Bench. The Circuit was created out of the  Evarts Act of 1891, which initially established nine circuit court of appeals. Situated in the Western United States, the United States Court of Appeals is located in San Francisco, CA, at the James R. Browning US Court of Appeals Building.

There are nine states in the Ninth Circuit, and the District of Guam and District of Northern Mariana Islands also fall into the District’s jurisdiction. The Court of Appeals is in San Francisco. The District of Alaska courthouse is in Anchorage. The District of Arizona courthouse is in Phoenix. The Central District of California is in LA, Eastern District in Sacramento, and Southern District in San Diego, CA. The District of Guam courthouse is in Agana, and District of Hawaii is in Honolulu. The District of Idaho courthouse is in Boise, and District of Montana courthouse is in Billings. The District of Nevada courthouse is in Las Vegas, and District of Northern Mariana Islands courthouse in Saipan. The District of Oregon courthouse is in Portland. In the District of Washington, the Eastern District is in Spokane and Western District in Seattle, WA.

Being that it is the largest of the 13-circuits, the Ninth Circuit has 29 appointed judgeships currently sitting on the bench. This is alongside the 16 judges who are senior appointed judges. The Chief Judge for the circuit is Sidney Runyan Thomas, and the Circuit Justice is Anthony Kennedy, who is currently a US Supreme Court Justice.

Being the largest circuit in the country, several important decisions have come out of the Ninth Circuit. Mendez et. al v Westminister School District of Orange County, et al. (1947) is one of those cases. With the court sitting, en banc, the holding that Mexican-American students being placed in separate schools from those attended by a majority of the population was unconstitutional. In GlaxoSmithKline v Abbot Laboratories (2014) the court held that dismissal of jurors over sexual orientation would be barred in future cases.

The National Law Review covers similar cases as those detailed above and other types of case law. With Marijuana legalization being a hot-ticket item, several decisions have recently come in through the Ninth Circuit. Additionally, NLRB cases, employment rights, government elections and legislation, bankruptcy proceedings, and cases involving Major Corporations, have come through the Circuit. The National Law Review offers a wide range of cases in these categories, as well as news, appointments, and general information about the Ninth Circuit court system.

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May
17
2017
The Kardashians Can’t Keep up with Copyright Law Sheppard, Mullin, Richter & Hampton LLP
Jun
26
2018
Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for Injunctive Relief Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2019
“Nanny” Government Rebuffed in Prosecution of Former Barclays Trader Sheppard, Mullin, Richter & Hampton LLP
May
7
2019
The Future of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively and the DLSE Issues Opinion Letter Expanding Its Scope Sheppard, Mullin, Richter & Hampton LLP
Mar
16
2021
Diminution in Value As A Measure of Damages for Trade Secret Misappropriation Sheppard, Mullin, Richter & Hampton LLP
Sep
14
2021
Manageability – a New Weapon to Stave Off Unmanageable PAGA Claims Sheppard, Mullin, Richter & Hampton LLP
Feb
10
2022
OCC Prevails in Challenge to “Valid When Made” Rule Sheppard, Mullin, Richter & Hampton LLP
Mar
2
2023
Ninth Circuit Decision in Live Nation and Ticketmaster’s Favor Highlights Subtleties of Drafting Enforceable Arbitration Provisions Sheppard, Mullin, Richter & Hampton LLP
Nov
14
2023
The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses Sheppard, Mullin, Richter & Hampton LLP
Apr
1
2024
FDCA Preemption: A Powerful Tool for Defending Class Actions Sheppard, Mullin, Richter & Hampton LLP
Sep
15
2009
UMG v. Augusto: Allowing the Sale of Promotional CDs Under the First Sale Doctrine Could Affect Much More than the Music Industry Sheppard, Mullin, Richter & Hampton LLP
Jul
28
2010
Ninth Circuit Applies California Law Despite Choice-Of-Law Clause in Independent Contractor Agreement Sheppard, Mullin, Richter & Hampton LLP
Oct
6
2010
Ninth Circuit Adopts Moench Presumption in Favor of Fiduciaries Sheppard, Mullin, Richter & Hampton LLP
Jun
15
2011
Former Student Athletes' Right of Publicity and Antitrust Claims Will Proceed Against the NCAA and Electronic Arts Sheppard, Mullin, Richter & Hampton LLP
Jan
31
2012
The Ninth Circuit Applies the Brakes to Runaway Nationwide Class Actions Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2013
Ninth Circuit Off-Label Marketing Decision Suggests More Prosecutions Will Be Coming Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2013
Claims Trading From The Inside Out: Ninth Circuit BAP Holds That A Non-Insider Claimant's Vote On A Plan Is Not Discounted Merely Because The Claimant Purchased Its Claim From An Insider Sheppard, Mullin, Richter & Hampton LLP
Oct
16
2017
Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space Sheppard, Mullin, Richter & Hampton LLP
Jan
10
2018
Confused by the Evolving Travel Ban? Here’s a Cheat Sheet with the Latest Guidance Sheppard, Mullin, Richter & Hampton LLP
Oct
18
2018
Are credits coupons? The Ninth Circuit Says Yes in Calculating Total Value of Class Action Settlements Sheppard, Mullin, Richter & Hampton LLP
Jan
28
2019
On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs Sheppard, Mullin, Richter & Hampton LLP
Aug
14
2019
9th Circuit Says CPUC’s Standard Contract and Re-MAT Program for Certain Renewable Generators are not PURPA Compliant Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2019
Left Empty Handed: Value Shut Down on Written Prior Art, Highlighting Importance of System Art Sheppard, Mullin, Richter & Hampton LLP
Jan
29
2021
The DTSA as a Tool for Foreign Entities’ Enforcement of Trade Secrets: A New Legal Frontier Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2021
A Bankruptcy Conundrum: When You Must Seek Relief To Seek Relief Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2021
A Cautionary Tale on Including an Expiration Date in NDAs Sheppard, Mullin, Richter & Hampton LLP
Mar
28
2022
Ninth Circuit Upholds Application of California Labor Code To Contractual Forum-Selection and Choice-of-Law Clause To Keep Dispute Over Non-Compete Clause in California Sheppard, Mullin, Richter & Hampton LLP
May
3
2022
Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties Sheppard, Mullin, Richter & Hampton LLP
Oct
17
2023
Can an Insured’s Mental Incapacity or Insanity Convert Non-Accidental Conduct into an Accident? Sheppard, Mullin, Richter & Hampton LLP
Jul
30
2010
Ninth Circuit Holds That Safe Harbor Provision Of The Reform Act Applies To Forward-Looking Statements Accompanied By Cautionary Language And Forward-Looking Statements Made Without Actual Knowledge Of Falsity Sheppard, Mullin, Richter & Hampton LLP
Oct
10
2010
Second Circuit Holds That No Private Right Of Action Exists Under Section 304 Of The Sarbanes-Oxley Act Sheppard, Mullin, Richter & Hampton LLP
Apr
8
2011
The Year 2010 In Review: Public Works Projects (CA) Sheppard, Mullin, Richter & Hampton LLP
Jun
16
2011
Unlicensed Accountants Are Not Categorically Excluded From Potential Exempt Status Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2011
Deciphering Dukes: Ninth Circuit Hands Down Decision Interpreting The Game-Changer Sheppard, Mullin, Richter & Hampton LLP
Sep
12
2013
Ninth Circuit Fumbles The Ball In Videogame Likeness Cases Sheppard, Mullin, Richter & Hampton LLP
 

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