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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Mar 7 2019	Ninth Circuit Affirms Most of Jury Verdict in Former GC’s SOX Whistleblower Lawsuit	Proskauer Rose LLP
May 1 2019	Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying Arbitration Provisions	Carlton Fields
Jul 3 2019	Ninth Circuit Affirms Order Denying Arbitration, Applying Precedent That State Law Does Not Overcome the New York Convention’s Signatory Requirement to Compel Arbitration	Carlton Fields
Feb 26 2019	Ninth Circuit Affirms Order Vacating Arbitration Award, Faults Arbitrator’s Disregard of Contract’s Plain Language	Carlton Fields
Feb 22 2021	Ninth Circuit Affirms Partial Vacatur of NWP 48 for Commercial Shellfish Aquaculture	Beveridge & Diamond PC
Jun 4 2014	Ninth Circuit Affirms Plaintiff’s Lack of Standing for Failure to List Copyright as Bankruptcy Asset Voss v. Knotts et al.	McDermott Will & Emery
Jul 20 2013	Ninth Circuit Affirms Radical Bunny LLC Managers’ Securities Violations	Katten
Mar 29 2022	Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements	Jackson Lewis P.C.
Jul 9 2021	Ninth Circuit Affirms Summary Judgment for CRA in FCRA Litigations, Reiterating Requirement of Actual Harm for Negligent Violations of the Statute	Squire Patton Boggs (US) LLP
Feb 9 2018	Ninth Circuit Affirms Summary Judgment for Defendants, Rejects Plaintiff’s Vicarious Liability Theory	Faegre Drinker
Dec 9 2019	Ninth Circuit Affirms Summary Judgment in Favor of Boeing and District Court’s Application of Swedish and U.K. Law	Carlton Fields
Aug 4 2014	Ninth Circuit Affirms Summary Judgment, Taco Bell Not Vicariously Liable for Third-Party Text Message	Faegre Drinker
Nov 22 2023	Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings	ArentFox Schiff LLP
Jun 10 2020	Ninth Circuit Affirms that Liens Pass Through Bankruptcy Even if Underlying Claim is Disallowed	Sheppard, Mullin, Richter & Hampton LLP
Mar 11 2016	Ninth Circuit Affirms: Not All Complaints About Work Policies Relating to Hours "Protected Activity" Under the FLSA	Jackson Lewis P.C.
May 20 2020	Ninth Circuit Again Addresses FCRA’s ‘Standalone’ Disclosure Requirement	Womble Bond Dickinson (US) LLP
Aug 1 2023	Ninth Circuit Again Rules Last-Leg Delivery Drivers Covered by FAA Interstate Commerce Exemption	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb 5 2020	Ninth Circuit Agrees Defendant Waived Right to Arbitrate, Affirms Order Denying Motion to Compel	Carlton Fields
Feb 17 2022	Ninth Circuit Agrees with Third Circuit that “Highest Contribution Rate” for Withdrawal Liability Payment Calculations Excludes PPA Surcharges	Proskauer Rose LLP
Oct 5 2020	Ninth Circuit Allows Arbitrator to Rule on Postmates’ Challenge to Mass Arbitration Tactics	Epstein Becker & Green, P.C.
Apr 19 2019	Ninth Circuit Allows IRS to Overrule Common-Law Mailbox Rule	McDermott Will & Emery
Nov 20 2017	Ninth Circuit Allows Partial Implementation of President Trump’s Proclamation on Travel Ban	Greenberg Traurig, LLP
Oct 9 2020	Ninth Circuit Allows the End of Temporary Protected Status	Norris McLaughlin P.A.
Aug 5 2022	Ninth Circuit Analyzes AB 5 in Class Action Ruling	Foley & Lardner LLP
Feb 19 2019	Ninth Circuit and California Court of Appeals Rule on Freedom of Religion Rights	Sheppard, Mullin, Richter & Hampton LLP
Dec 14 2022	Ninth Circuit Answers Lingering Question on Scope of 'Autodialer'	K&L Gates
Aug 28 2019	Ninth Circuit Answers Some Questions About Arbitration of ERISA Claims	McDermott Will & Emery
Jun 1 2017	Ninth Circuit Appellate Court Vacates Conditional Nanosilver Registration- Commentary	Bergeson & Campbell, P.C.
Mar 8 2024	Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims	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
Jan 23 2023	Ninth Circuit Applies Lower Standard for Pleading Scienter Under § 14(e) of Securities Exchange Act Even as to Opinions	Proskauer Rose LLP
Feb 3 2013	Ninth Circuit Applies Securities Litigation Uniform Standards Act to Affirm Dismissal of Section 17200 Class Action Involving Variable Life Insurance Policies	Sheppard, Mullin, Richter & Hampton LLP
Dec 21 2020	Ninth Circuit Applies the “Continued Use” Doctrine to the Defend Trade Secrets Act Claims	Sheppard, Mullin, Richter & Hampton LLP
Sep 16 2015	Ninth Circuit Applies “Successorship Doctrine” to Claim for MPPAA Withdrawal Liability	Proskauer Rose LLP
Mar 4 2016	Ninth Circuit Approves DOL Rule Prohibiting “Tip Pooling” For Kitchen Employees Even Where No “Tip Credit” Is Taken	Epstein Becker & Green, P.C.
May 6 2016	Ninth Circuit Approves Employer’s Time-Rounding Practice and Confirms That De Minimis Time Is Not Compensable	Epstein Becker & Green, P.C.
Jun 3 2016	Ninth Circuit Approves Neutral Rounding of Employee Time Clock Punches	Polsinelli PC
Aug 21 2017	Ninth Circuit Asks California Supreme Court to Advise Whether Time Spent In Bag Checks Is Compensable Under California Law	Epstein Becker & Green, P.C.
Jan 23 2019	Ninth Circuit Asks California Supreme Court to Decide Question That Could Greatly Expand California’s Prevailing Wage Laws	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May 8 2015	Ninth Circuit Asks California Supreme Court to Define the Scope of Song-Beverly Act	Covington & Burling LLP
Aug 6 2019	Ninth Circuit Asks California Supreme Court: Is Absence of a Formal Meal and Rest Break Policy a Violation of California Law?	Jackson Lewis P.C.
Sep 15 2011	Ninth Circuit Attempts to Clarify Learned Professional Exemption's Educational Requirement	Sheppard, Mullin, Richter & Hampton LLP
May 20 2016	Ninth Circuit Bankruptcy Appellate Panel Holds that an Oversecured Creditor Is Entitled to Default Interest After the Petition Date and Before Plan Confirmation	Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan 12 2016	Ninth Circuit Bankruptcy Appellate Panel Holds Wholly Unsecured Junior Lien, Discharged in Chapter 7, Not Included in Calculating Chapter 13 Eligibility Under Sec. 109(e)	Holland & Hart LLP
Jul 7 2015	Ninth Circuit BAP Holds that Denial of Student Loan Debt Requires Actual Receipt of Funds by Debtor	Holland & Hart LLP
Feb 20 2014	Ninth Circuit Big Lagoon Decision Puts Fee to Trust Acquisitions in Doubt	Godfrey & Kahn S.C.
Jul 30 2019	Ninth Circuit Binds Plaintiff to Arbitration Clause It Never Received, Finding Clause Was “Readily Available” and Incorporated by Reference Into Purchase Order	Carlton Fields
Oct 1 2015	Ninth Circuit Blesses Iskanian re: Arbitration of PAGA Claims	Sheppard, Mullin, Richter & Hampton LLP
Feb 16 2023	Ninth Circuit Blocks California’s Ban on Mandatory Arbitration in Employment	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar 30 2022	Ninth Circuit Blocks New Acrylamide Warning Lawsuits Under Proposition 65	ArentFox Schiff LLP

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