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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Feb
5
2013
Intentional Infringement of Copyright with Knowledge of Copyright Owner’s Forum Supports Claim of Personal Jurisdiction McDermott Will & Emery
Apr
2
2013
Graphic Novel Not Substantially Similar to Heroes Re: Copyright Infringement Litigation McDermott Will & Emery
Sep
2
2013
Who Arbitrates Arbitrability? McDermott Will & Emery
May
6
2014
Ninth Circuit Confirms that Trademark Cancellation Is a Remedy and Not a Cause of Action: Airs Aromatics v. Victoria’s Secret McDermott Will & Emery
Oct
1
2014
Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA McDermott Will & Emery
Oct
1
2015
Ray Charles Foundation Can Challenge Heirs’ Attempt to Reclaim Copyrights McDermott Will & Emery
Oct
30
2015
Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notification McDermott Will & Emery
Jan
29
2016
Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof McDermott Will & Emery
Sep
29
2016
Trader Woes: Lanham Act Applies Extraterritorially to Canadian Resale of US Grocery Chain’s Products McDermott Will & Emery
Apr
27
2017
Oregon District Court Finds Oregon University Immune to FCA Suit Brought by Federal Government McDermott Will & Emery
Mar
28
2018
Jumpman Logo Ruling Is a Slam Dunk for Nike McDermott Will & Emery
Apr
23
2020
Claims Need Only Inform a Skilled Artisan of the Metes and Bounds with Reasonable Certainty McDermott Will & Emery
Jan
7
2021
This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’ McDermott Will & Emery
May
7
2021
Finding John Doe, Part II: IRS Secures Another Victory to “Root Out” Virtual Currency Tax Noncompliance McDermott Will & Emery
Apr
14
2022
First Sale Defense Bars Trademark Infringement Where Trademarked Component Is Adequately Disclosed McDermott Will & Emery
Jan
26
2023
Your Gang Did What!? No Matter—No Forfeiture of IP McDermott Will & Emery
Jun
22
2023
False Advertising: Verifiably False Versus Subjective Opinion McDermott Will & Emery
Apr
11
2024
ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications McDermott Will & Emery
Oct
2
2012
Gossip Mag’s “Fair Use” Claim in Publishing a Celebrity’s Wedding Photos Rejected McDermott Will & Emery
Apr
2
2013
Clip from The Ed Sullivan Show in Musical Jersey Boys Was Fair Use Under the Copyright Act McDermott Will & Emery
Oct
4
2013
Use of Third-Party Artwork in Video Backdrop Is Fair Use in Copyright Claim McDermott Will & Emery
Oct
1
2015
Licensing Agent Has Standing to Bring Copyright Infringement Suit re: Stock Photography McDermott Will & Emery
Nov
2
2015
Accused Infringer Rides Antitrust Roller Coaster in Magnetar Technologies v. Intamin McDermott Will & Emery
Mar
24
2016
Ninth Circuit Ruling Could Put Deceptive Labeling Cases on Hold McDermott Will & Emery
Jan
22
2019
Process Improvements Not a Basis to Establish Scienter: District Court Grants Summary Judgment to Defendants McDermott Will & Emery
Nov
5
2019
Ninth Circuit Considers Rehearing in ERISA Arbitration Case McDermott Will & Emery
Jul
23
2020
Healthcare Enforcement Mid-Year Roundup: 2020 McDermott Will & Emery
Sep
16
2020
Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story” McDermott Will & Emery
Nov
19
2020
Transfer Motions Must Take Top Priority McDermott Will & Emery
May
27
2021
PTO Rules Not Subject to the Paperwork Reduction Act McDermott Will & Emery
Jul
29
2021
Supreme Court to Consider Whether 17 U.S.C. § 411 Requires Referral to Copyright Office McDermott Will & Emery
Sep
15
2022
Foreign Video-Hosting Website Can’t Escape Long Arm of the Law McDermott Will & Emery
Nov
29
2022
First Amendment Punches Out Alleged Lanham Act Violation McDermott Will & Emery
Oct
4
2014
Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement, La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real McDermott Will & Emery
Jun
15
2017
En Banc Opinion Could Set Precedent for Tied-House Laws McDermott Will & Emery
 

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