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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May
23
2017
California Federal Court Upholds $8 Million Jury Verdict In Former General Counsel’s Whistleblower Lawsuit Proskauer Rose LLP
Feb
20
2018
Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data Proskauer Rose LLP
Dec
27
2018
ERISA Implications for Firing A Whistleblower Proskauer Rose LLP
Apr
22
2019
A Radical Change to Ratification: Key Takeaways from Henderson v. United Student Aid Funds, Inc. Proskauer Rose LLP
Feb
12
2020
Federal Court Strikes Down California’s “Request Arbitration, Go to Jail” Law Proskauer Rose LLP
Mar
13
2020
Time Spent By Employees In Exit Searches Is Compensable Proskauer Rose LLP
Sep
14
2020
Thoughtful Presentations of Terms of Use Crucial for Enforceability Proskauer Rose LLP
Nov
30
2020
California Employment Law Notes November 2020 Proskauer Rose LLP
Feb
16
2021
Shareholders Cannot Sue Corporate Officers for Forward-Looking Projections that Don’t Pan Out, Ninth Circuit Affirms Proskauer Rose LLP
Sep
30
2021
Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability Proskauer Rose LLP
Jan
10
2022
California Federal Court Holds U.S. Securities Laws Inapplicable to Unsponsored, Unlisted ADR Transaction Preceded by Purchase of Common Stock Outside the U.S. Proskauer Rose LLP
Apr
11
2022
Ninth Circuit Revives Fee Challenge to Salesforce.com 401(k) Plan Proskauer Rose 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
Dec
4
2014
District Courts Continue to Reject the Ninth Circuit’s Limitation on Surcharge as Relief for Individual ERISA Fiduciary Breach Claims Proskauer Rose LLP
Dec
22
2014
Ninth Circuit Clarifies Pleading Standard for Securities-Fraud Claims Proskauer Rose LLP
Mar
17
2016
Employer Was Entitled To Obtain Reimbursement Of Short-Term Employee's Training Costs Proskauer Rose LLP
Apr
14
2016
Not Sweet Enough: Ninth Circuit Tosses Claims Over Fresh Sugar Lip Balm Labeling and Packaging Proskauer Rose LLP
May
11
2016
Employees Are Entitled To Suitable Seating If The Tasks Being Performed Reasonably Permit Seating Proskauer Rose LLP
May
24
2016
California Federal Court Holds That U.S. Securities Laws Do Not Apply to Unsponsored, Unlisted ADRs Proskauer Rose LLP
Oct
5
2017
Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract Proskauer Rose LLP
Nov
23
2017
Ninth Circuit Joins Others in Endorsing Hourly Pay Averaging Under FLSA Proskauer Rose LLP
Jul
5
2018
California Federal Court Grants Motion to Compel Arbitration of Dodd-Frank Whistleblower Claim Proskauer Rose LLP
Mar
4
2019
If Class Action Litigants Could Turn Back Time (The Text Would Have Said So) Proskauer Rose LLP
Apr
30
2019
Justin Timberlake Waves Bai Bai Bai to Partially Dismissed “No Artificial Flavors” Beverage Mislabeling Suit Proskauer Rose LLP
Nov
11
2019
McDonald’s Corp Was Not The Joint Employer Of Its Franchisees’ Employees Proskauer Rose LLP
Mar
13
2020
Online Platforms Sidestep Claims over User Content Decisions and Social App Functions Proskauer Rose LLP
Mar
30
2020
A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict Proskauer Rose LLP
Dec
1
2020
Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products Proskauer Rose LLP
Nov
2
2022
Ninth Circuit Takes Broad View of Protected Activity under the California Whistleblower Protection Act Proskauer Rose LLP
May
25
2023
Amazon Drivers Avoid Arbitration Claiming Non-delivery of Updated TOS Proskauer Rose LLP
Sep
6
2023
Factors in Fee-Shifting for Prevailing Defendants Proskauer Rose LLP
Dec
5
2023
Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19 Proskauer Rose LLP
Nov
17
2014
The Ninth Circuit Provides Employers With An Assist In Dismissing FLSA Actions Proskauer Rose LLP
Jun
4
2015
Catch of the Day: Tuna Fish Brand StarKist Swims into a Sea of Trouble After Agreeing to Settle Claims Against It Proskauer Rose LLP
Jul
10
2015
Ninth Circuit Disagrees with Second Circuit on Personal-Benefit Requirement for Insider Trading Proskauer Rose LLP
Mar
17
2016
Employer Properly Computed Overtime On Flat-Sum Attendance Bonuses Proskauer Rose LLP
May
11
2016
EEOC Sufficiently Conciliated Class Claims Before Bringing Suit, And Employee Stated Hostile Environment Claim Proskauer Rose LLP
Aug
15
2016
California Court Allows Cable Network to Go Beyond Written Contract in Claims Against Distributor: “Red Herring” or “Alternate [U-verse]”? Proskauer Rose LLP
Sep
14
2018
ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions Proskauer Rose LLP
Jul
12
2019
“Bikini Baristas” Ordered to Cover-Up Proskauer Rose LLP
Sep
1
2020
Added Allegations of Consumer Survey Results Fail to Sweeten the Deal: Court Dismisses “White Chips” False Advertising Suit With Prejudice Proskauer Rose LLP
Jan
6
2021
The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor Proskauer Rose LLP
Feb
3
2021
Nike “Just Does It” – Retail Employees Will Wear Transparent Masks Proskauer Rose LLP
Mar
1
2021
In Sickness and In Health – Court Rejects Spouse’s COVID Claim Against Employer Proskauer Rose LLP
Mar
29
2021
Diversity Derivative Suit Dismissed Proskauer Rose LLP
Apr
22
2021
Pinterest Diversity Suits Multiply Proskauer Rose LLP
May
5
2021
Ninth Circuit Overturns Board Decision Finding Unlawful Secondary Picketing, Citing Insufficient Evidence of an Intent to Coerce a Neutral Employer Proskauer Rose LLP
Jun
23
2021
Honesty is the Best Policy: Federal Circuit Affirms Vacatur of Judgment Due to Material Misrepresentations Proskauer Rose LLP
Jul
19
2021
California Supreme Court Holds That Meal And Rest Break Premiums Must Include All Forms Of Remuneration (Not Just Base Hourly Rate) Proskauer Rose LLP
Aug
11
2021
Another NY Court Repudiates Ninth Circuit “Server Test” in Case over Embedded Video Proskauer Rose LLP
 

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