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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Jan
19
2021
The Ninth Circuit Puts the Brakes on Truckers’ California Meal and Rest Break Claims Sheppard, Mullin, Richter & Hampton LLP
Aug
11
2021
Reminder to Professional Services Firms – Do Not Take Your Trade Secrets for Granted Sheppard, Mullin, Richter & Hampton LLP
Dec
1
2023
Attorney Challenging First-Party Diminution of Value Claims Sanctioned by Ninth Circuit Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2010
It's Not Over For MGA's Bratz Doll Line Yet Sheppard, Mullin, Richter & Hampton LLP
Aug
19
2010
Ninth Circuit Holds That Scienter May Be Established Through An Objective Evaluation Of A Defendant's Deliberate Recklessness Sheppard, Mullin, Richter & Hampton LLP
Jan
27
2011
Ninth Circuit Rules That An Employee Who Quits Because The Business Is Closing Has Not "Voluntarily Departed" Under the WARN Act Sheppard, Mullin, Richter & Hampton LLP
May
3
2013
District Court Grants Motion to Compel Against Securities & Exchange Commission (SEC), Holding that "Facts" Are Not Work Product In SEC Confidential Witness Interviews Sheppard, Mullin, Richter & Hampton LLP
Aug
8
2013
Dang v. San Francisco Forty Niners - Consumers Can Challenge Reebok's Exclusive NFL Apparel Deal Based Just on a Market of Garments Bearing NFL Team Logos Sheppard, Mullin, Richter & Hampton LLP
Mar
18
2015
Not So Small After All: CallFire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case Sheppard, Mullin, Richter & Hampton LLP
Sep
9
2016
Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities Sheppard, Mullin, Richter & Hampton LLP
Jun
8
2017
Mendoza v. Nordstrom – Day Of Rest Rule Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2018
Obese Employees May Be Protected Under FEHA Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2018
Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences Sheppard, Mullin, Richter & Hampton LLP
Apr
27
2018
Ninth Circuit Finds District Court Sharply Deviated from Existing Authority on CERCLA Cleanup Costs Between Military Contractor and U.S. Government When it Allocated 100 Percent of Liability to Military Contractor Sheppard, Mullin, Richter & Hampton LLP
Oct
26
2018
Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA) Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2021
Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited Discovery Sheppard, Mullin, Richter & Hampton LLP
Oct
15
2021
Insurers Owe No Coverage for COVID-19 Related Business Interruption Losses Under Commercial Property Policies Insuring “Direct Physical Loss of or Damage to Property” Sheppard, Mullin, Richter & Hampton LLP
Feb
15
2023
New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In UM/UIM Claims Handling Sheppard, Mullin, Richter & Hampton LLP
Apr
26
2023
Ninth Circuit Strikes Down Berkeley’s Ban on Natural Gas in New Construction, Dealing Blow to California’s Electrification Efforts Sheppard, Mullin, Richter & Hampton LLP
Nov
16
2023
Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2011
The Ninth Circuit's Holding in Levi Strauss v. Abercrombie & Fitch - "Degree of Similarity" Is But One of Six TDRA Factors, Not the Threshold Test -- Marks An Important Decision Elucidating The Proper Dilution Standard Sheppard, Mullin, Richter & Hampton LLP
Nov
22
2011
In Ninth Circuit, Whistleblowers Not Exempt From Confidentiality Agreements Sheppard, Mullin, Richter & Hampton LLP
Jun
12
2013
New Federal Communications Commission ("FCC") Interpretation Of "Express Consent" To Increase Telephone Consumer Protection Act (TCPA) Class Action Liability Sheppard, Mullin, Richter & Hampton LLP
Nov
18
2013
No Avoiding BPCIA (Biologics Price Competition and Innovation Act) For Biosimilars: No Patent Declaratory Judgment Action Before Biosimilars Application Is Filed Sheppard, Mullin, Richter & Hampton LLP
Nov
18
2014
Ninth Circuit Rules That Twombly Standard of Specificity Applies to FLSA Pleadings Sheppard, Mullin, Richter & Hampton LLP
Apr
18
2016
Ninth Circuit Rulings on Equitable Mootness in Transwest and Sunnyslope Impact Third Party Investors Sheppard, Mullin, Richter & Hampton LLP
Jun
10
2017
If At First You Don’t Succeed: Ninth Circuit Invites Successive Class Actions By Extending American Pipe Tolling To Absent Class Members’ Own Class Claims Sheppard, Mullin, Richter & Hampton LLP
Feb
6
2019
Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks Sheppard, Mullin, Richter & Hampton LLP
Jun
10
2020
Ninth Circuit Affirms that Liens Pass Through Bankruptcy Even if Underlying Claim is Disallowed Sheppard, Mullin, Richter & Hampton LLP
Dec
12
2020
Federal Judge Blocks Eviction Moratorium Challenge by Los Angeles Apartment Owners Sheppard, Mullin, Richter & Hampton LLP
Sep
10
2021
Are Income Share Agreements Loans? The CFPB Says Yes Sheppard, Mullin, Richter & Hampton LLP
Feb
17
2022
FDA Boosts Protein Preemption Defense Sheppard, Mullin, Richter & Hampton LLP
Oct
24
2022
Negligence is Not Enough/Set-Up Tactics are Disfavored Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2023
Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2023
Ninth Circuit Court of Appeals Provides Critical Guidance on Events Triggering Waiting Time Penalties Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2023
In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a Web-Based Payment Processing Platform Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2010
Ninth Circuit Rejects Private Right Of Action To Enforce Section 13(a) Of The Investment Company Act Of 1940 Sheppard, Mullin, Richter & Hampton LLP
Mar
1
2011
The Year 2010 In Review: Design And Construction Defects Litigation Sheppard, Mullin, Richter & Hampton LLP
Nov
28
2011
Ninth Circuit Latest to Permit Corporate Liability Under Alien Tort Statute; Supreme Court to Resolve Circuit Split in 2012 Sheppard, Mullin, Richter & Hampton LLP
Jun
12
2013
Déjà Vu All Over Again: Ninth Circuit Rejects Yet Another Challenge To Rent Control, Including "Private Takings" Argument Sheppard, Mullin, Richter & Hampton LLP
Feb
13
2014
Ninth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each Putative Class Member’s Exposure to Misleading Statements in Doubt Sheppard, Mullin, Richter & Hampton LLP
Dec
27
2014
J.M. Smucker Company Gets Out of a Jam in Food Labelling Case - Caldera v. The J.M. Smucker Co. Sheppard, Mullin, Richter & Hampton LLP
Feb
29
2016
Ninth Circuit Limits Tip Pooling to Customarily Tipped Employees Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2016
Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection Sheppard, Mullin, Richter & Hampton LLP
Sep
7
2017
Ninth Circuit Confirms that a Cy Pres Only Settlement Can Work In Privacy Class Action Sheppard, Mullin, Richter & Hampton LLP
Oct
7
2017
Alert: In a Surprise Decision Issued on October 5, 2017, Honorable John Walter, United States District Judge, Dismissed a Medicare Advantage Risk Adjustment Fraud Suit Against UnitedHealthcare Sheppard, Mullin, Richter & Hampton LLP
Nov
14
2018
Ninth Circuit Opens Door for More Expansive Meaning of ATDS in TCPA Cases Sheppard, Mullin, Richter & Hampton LLP
Mar
5
2019
Ninth Circuit Holds That Statutes Do Not Constitute “Rules or Regulations of the SEC” for Purposes of Sarbanes-Oxley Act Whistleblower Claims Sheppard, Mullin, Richter & Hampton LLP
May
5
2020
3M Takes Action to Protect Its Brand from Price Gouging And Trademark Infringement Sheppard, Mullin, Richter & Hampton LLP
Aug
18
2020
Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders Sheppard, Mullin, Richter & Hampton LLP
 

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