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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Apr
15
2014
Sweet(ener) Confusion: California District Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2014
Ninth Circuit Rules National Banks are Residents Only of Their Home State Bilzin Sumberg
Apr
10
2014
Ninth Circuit Hearing on California Resale Royalties Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2014
Top Tech Companies Headed to Trial in Talent Poaching Conspiracy Case Barnes & Thornburg LLP
Apr
8
2014
A Win and a Loss for CROs (Chief Restructuring Officer) Greenberg Traurig, LLP
Apr
4
2014
Exaggerated Allegations Based on Essentially No Evidence Equals Rule 11 Sanctions: Heller v. Cepia L.L.C. McDermott Will & Emery
Apr
4
2014
Appropriate Cautionary Language Leads to Dismissal of Investor’s Securities Fraud Suit Katten
Apr
4
2014
Supervisor’s Conduct Supported Same-Sex Harassment Claim, California Court Rules Jackson Lewis P.C.
Apr
3
2014
Just How Binding Are SEC Statements In An Adopting Release? - Securities and Exchange Commission Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
1
2014
9th Circuit Holds Issuer Is Investment Bank’s “Customer” And “Actions and Proceedings” Include Arbitrations Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
31
2014
Declining FMLA (Family Medical Leave Act) Leave Includes Your FMLA Lawsuit, Ninth Circuit Court Says Barnes & Thornburg LLP
Mar
27
2014
California Federal Court Stays Telephone Consumer Protection Act (TCPA) Class Action until FCC Rules on Definition of “Called Party Faegre Drinker
Mar
26
2014
California District Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action – Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible” Sheppard, Mullin, Richter & Hampton LLP
Mar
26
2014
Ninth Circuit Court Declines To Apply Rule 9(b) To Section 25401 Claim Re: Securities Litigation Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
25
2014
Employer Can Fire Worker Who Refused Family and Medical Leave Act (FMLA) Leave for Violating No-Show Policy, Federal Court Rules Jackson Lewis P.C.
Mar
20
2014
Join the Party. Another California-Based Former Employee Challenges Out-of-State Company’s Non-Compete Provisions as Unfair Business Practice Greenberg Traurig, LLP
Mar
17
2014
Another Reason Not To Like California’s New LLC Act Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
17
2014
Another ‘Evaporated Cane Juice’ Class Action Proceeds as the FDA (Food and Drug Administration) Solicits Comments on the Description Greenberg Traurig, LLP
Mar
17
2014
To Designate or Not to Designate Family and Medical Leave Act (FMLA) Leave, That is the Question Jackson Lewis P.C.
Mar
11
2014
“Trust, But Verify” Approach to Confirming Employee Need for Family and Medical Leave Act (FMLA) Intermittent Leave Rejected Jackson Lewis P.C.
Mar
9
2014
Variability in Consumer Experience Dooms Class Action Greenberg Traurig, LLP
Mar
8
2014
Ninth Circuit Rejects ‘Gotcha’ Class Actions Under California Privacy Law Greenberg Traurig, LLP
Mar
6
2014
The Developing Law on Compensability of Time Spent Undergoing Security Screening Morgan, Lewis & Bockius LLP
Mar
4
2014
California Federal Court Upholds Pre-Certification Discovery of Defendant’s “Outbound Dial List” in TCPA Class Action - Telephone Consumer Protection Act Faegre Drinker
Mar
4
2014
Supreme Court Accepts FLSA (Fair Labor Standards Act) Certiorari Petition Regarding Pay for “Security Screening” Jackson Lewis P.C.
Mar
4
2014
Ninth Circuit’s Decision Narrowing Rights of Subrogation under CERCLA Left Undisturbed by U.S. Supreme Court - Comprehensive Environmental Response, Compensation, and Liability Act Beveridge & Diamond PC
Mar
4
2014
The Tipping Point? Consolidation of Medical Practices is Good for Patients … Until it’s Not Greenberg Traurig, LLP
Mar
3
2014
Employees May Affirmatively Decline To Use FMLA (Family Medical Leave Act) Leave When Requesting Leave for An FMLA-Covered Reason, According to the Ninth Circuit Court of Appeals Poyner Spruill LLP
Feb
28
2014
Cautionary Tale – Modify Business Practices and on the Hook for Catalyst Fees Greenberg Traurig, LLP
Feb
28
2014
Strategy of Offering Refunds to Moot Class Actions Gains Traction Greenberg Traurig, LLP
Feb
27
2014
Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied By Injury To Competition Sheppard, Mullin, Richter & Hampton LLP
Feb
27
2014
Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw’ Greenberg Traurig, LLP
Feb
27
2014
Hookah Manufacturer’s Copyright Infringement Claims Go Up in Smoke: Inhale, Inc. v. Starbuzz Tobacco, Inc. McDermott Will & Emery
Feb
27
2014
Experience Jimi Hendrix, Post-Mortem Publicity Rights: Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al. McDermott Will & Emery
Feb
25
2014
When 30 Days Just Isn’t Enough: The Ninth Circuit Rules that Defendants’ Right to Remove May Not be Limited to 30 Days Sheppard, Mullin, Richter & Hampton LLP
Feb
20
2014
Ninth Circuit Big Lagoon Decision Puts Fee to Trust Acquisitions in Doubt Godfrey & Kahn S.C.
Feb
19
2014
California District Court Holds that Providing Cellphone Number for an Online Purchase Constitutes “Prior Express Consent” Under TCPA - Telephone Consumer Protection Act Faegre Drinker
Feb
14
2014
Idaho Federal Court Orders Divestiture of Consummated Physician Practice Acquisition McDermott Will & Emery
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
Feb
3
2014
The Increasingly Visible Hand of the Reinsurer in Insurance Coverage Disputes Gilbert LLP
Feb
2
2014
The Bill Graham Show Goes On … and On: Graham-Sult v. Clainos McDermott Will & Emery
Jan
30
2014
Citing To Precedent, Nevada Federal Court Rejects FLSA (Fair Labor Standards Act) Tip Claim Asserted By Workers Receiving Minimum Wage Jackson Lewis P.C.
Jan
23
2014
New York Federal Court Finds Bank Properly Classified Financial Services Consultant As Independent Contractor Jackson Lewis P.C.
Jan
22
2014
Ninth Circuit Rejects Percentage Method To Determine Attorneys’ Fees In Class Action Settlement Sheppard, Mullin, Richter & Hampton LLP
Jan
22
2014
Chief Judge Kozinski’s Ninth Circuit Dissent in U.S. v. Olsen Offers Hope that Courts Will Keep Prosecutors Honest Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2014
Two California Federal Courts Send Putative Telephone Consumer Protection Act (TCPA) Class Actions to Arbitration Faegre Drinker
Jan
18
2014
Suits Brought by State AGs Alone Not “Mass Actions”: SCOTUS Sides With 4th, 7th, and 9th Circuits in Clarifying CAFA’s (Class Action Fairness Act) Mass Action Requirements Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2014
Absence Of Stock Legend Does Not Relieve Broker Of Duty Of Inquiry Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
14
2014
Ninth Circuit (Finally) Rejects Presumption of Irreparable Harm in Trademark Preliminary Injunction Context Greenberg Traurig, LLP
Jan
13
2014
Judge Rules in Favor of DOJ Finding Bazaarvoice / PowerReviews Merger Anticompetitive (Department of Justice) McDermott Will & Emery
 

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