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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Aug
26
2016
Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver Sheppard, Mullin, Richter & Hampton LLP
Apr
6
2018
Social Gaming Site Excludes Washington Players; Gambling Commission Comments Sheppard, Mullin, Richter & Hampton LLP
Apr
9
2021
Facebook Defeats Shareholder Suit Challenging Alleged Failures In Its Diversity and Inclusion Practices Sheppard, Mullin, Richter & Hampton LLP
Sep
22
2021
Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of Dynamex Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2022
Too Many Bites at the Apple? Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2023
Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make the Average Person Shake Her Head in Disbelief” Sheppard, Mullin, Richter & Hampton LLP
Aug
6
2010
"Schumer Box" Disclosure Not "Clear and Conspicuous" As a Matter of Law Sheppard, Mullin, Richter & Hampton LLP
Oct
30
2010
Altered Ego: New Ninth Circuit Opinion Overrules Previously Well-Settled Law Regarding Exclusive Standing Of Bankruptcy Trustees To Pursue General Claims On Behalf Of The Estate Sheppard, Mullin, Richter & Hampton LLP
Jun
26
2011
Ninth Circuit Rejects Consumer Antitrust Challenge To Cable Television Bundling Sheppard, Mullin, Richter & Hampton LLP
Mar
10
2013
9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action Sheppard, Mullin, Richter & Hampton LLP
Jan
22
2014
Ninth Circuit Rejects Percentage Method To Determine Attorneys’ Fees In Class Action Settlement Sheppard, Mullin, Richter & Hampton LLP
Feb
18
2015
In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense Sheppard, Mullin, Richter & Hampton LLP
Sep
28
2015
Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices Sheppard, Mullin, Richter & Hampton LLP
Nov
25
2015
Another Gambling Class Action Fails – Washington Federal Court Finds Social Casino Games Not Gambling Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2017
“Oh Yes [the Court] Did” — District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and Renders Technical Assistance Sheppard, Mullin, Richter & Hampton LLP
Jun
7
2017
To Report or Not to Report – Is it Really A Question? The Gardens Decision Sheppard, Mullin, Richter & Hampton LLP
Nov
2
2017
Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2018
California Court of Appeal Confirms that There is Only One Standard for the Admission of Expert Testimony and that Expert Opinion Must Be Admissible to be Considered on a Motion for Class Certification Sheppard, Mullin, Richter & Hampton LLP
Jan
15
2019
Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions Sheppard, Mullin, Richter & Hampton LLP
Apr
24
2023
Failure to Timely Produce in Discovery Underlying Written Contract with Insured Prevented General Contractor from Establishing Status as an Additional Insured Sheppard, Mullin, Richter & Hampton LLP
Apr
29
2014
Tea Manufacturer Defeats Damages – Seeking Class Action Plaintiff in an Opinion Steeped in Comcast Sheppard, Mullin, Richter & Hampton LLP
Jul
3
2014
Fur Flies and West Hollywood (“WeHo”) Fur Ban Is Upheld By Federal Court Sheppard, Mullin, Richter & Hampton LLP
Jan
26
2015
Second Circuit Notes Split with Ninth Circuit Over Whether Failure to Make Adequate Disclosures Under Item 303 of Regulation S-K May Serve as Basis for a Section 10(b) Claim Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2015
California Federal Court Finds that Class Action Plaintiffs’ False Advertising Claims are Stripped Bayer Based on Federal Preemption Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2015
Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act Sheppard, Mullin, Richter & Hampton LLP
Oct
5
2017
Double Whammy: In a Sweeping New Opinion, the Ninth Circuit Creates a New Mechanism for Completely Wiping Out Unexpired Leases in Bankruptcy, and Also Undercuts a Critical Protection for Buyers in 363 Sales Sheppard, Mullin, Richter & Hampton LLP
Nov
22
2017
Correctional Officers FEHA Claims are Barred by Res Judicata for Already Adjudicated Workers’ Compensation Cases Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2018
Ninth Circuit Slams the Brakes on Nationwide Class Action Settlement; Choice of Law and Reliance Are Bumps in the Road Sheppard, Mullin, Richter & Hampton LLP
Apr
26
2018
Ninth Circuit Splits From Other Circuits, Holding That a Negligence Standard Applies to a Claim Challenging Tender Offer Disclosures Under Section 14(e) Sheppard, Mullin, Richter & Hampton LLP
May
15
2018
Churchill Downs Seeks En Banc Review of Big Fish Decision Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2019
First Day on the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks Sheppard, Mullin, Richter & Hampton LLP
Jul
31
2020
The Sixth Circuit Broadly Defines ATDS, Widening The Split Among Circuits Before The Supreme Court Rules Next Year Sheppard, Mullin, Richter & Hampton LLP
Aug
14
2020
Ixchel v. Biogen: California B2B Noncompetes Do Not Per Se Violate B&P Section 16600, and Are Instead Subject to Rule of Reason Sheppard, Mullin, Richter & Hampton LLP
Dec
11
2020
It’s Not Pop Secret, Ninth Circuit Affirms that Plaintiff Didn’t Have a Leg to Stand On Sheppard, Mullin, Richter & Hampton LLP
Jun
15
2021
Organics Advocates Dig In With Ninth Circuit Appeal Challenging Certification for Hydroponics Sheppard, Mullin, Richter & Hampton LLP
 

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