9th Circuit Opinions & Cases | National Law Review Page 5

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.

Date	Title	Organization
10 Oct	U.S. Supreme Court Declines to Hear Case on Whether Commercial Websites and Mobile Apps Subject to Title III of the Americans with Disabilities Act (the “ADA”)	Robinson & Cole LLP
10 Oct	Allergan Breast Implants Alleged to Cause Cancer	Stark & Stark
9 Oct	California’s Proposition 12 Challenged on Constitutional Grounds	Keller and Heckman LLP
9 Oct	District of Idaho Rejects Challenges to Arbitration Award	Carlton Fields
8 Oct	The Domino’s Effect—What to Expect as a Result of SCOTUS’s Denial of Cert	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
8 Oct	Supreme Court Rejects Invitation to Decide Whether Your Company’s Website Must Be Accessible To Individuals with Disabilities	Foley & Lardner LLP
7 Oct	TCPA Coffee Break: Another California Court Follows Marks Because, Well, It has To	Squire Patton Boggs (US) LLP
7 Oct	California District Court Certifies FCRA Class Action Against Experian after Servicer Went out of Business	Womble Bond Dickinson (US) LLP
7 Oct	Ex-CEO of IT Staffing Companies Guilty of H-1B Visa Fraud	Jackson Lewis P.C.
4 Oct	District of Oregon Holds that Vineyard’s RICO Suit Against Neighboring Marijuana Grower is More than just Sour Grapes	Bilzin Sumberg
3 Oct	Who “Made” The Call? – Minor Role In Causal Chain Not Enough	Squire Patton Boggs (US) LLP
3 Oct	Plaintiff’s Individual TCPA Claim May Proceed But Class TCPA Claims Are Dismissed	Squire Patton Boggs (US) LLP
2 Oct	Lessons In TCPA Pleading: Parroting Statutory Language Won’t Fly	Squire Patton Boggs (US) LLP
2 Oct	TCPA Vagueness In Action: Three New Decisions Issued on the Same Day Apply Three Different ATDS Standards to Text Message Platforms—And So It Goes	Squire Patton Boggs (US) LLP
1 Oct	Ninth Circuit Enforces Hawaii Anti-Reimbursement Statutes Against Insured Plan	Proskauer Rose LLP
1 Oct	Flush with Uncertainty: Do Plaintiffs Have Standing to Seek Injunctive Relief for “Consumer Fraud” When They Are No Longer “Defrauded”?	Schiff Hardin LLP
30 Sep	TCPA Bites Again: Court Trebles TCPA Damages Against Debt Collector Awarding Nearly $300k on Summary Judgment	Squire Patton Boggs (US) LLP
30 Sep	Another Defendant Falls Victim to Marks' Broad Definition of an ATDS	Womble Bond Dickinson (US) LLP
30 Sep	Data Scraping Survives! (At Least for Now) Key Takeaways from 9th Circuit Ruling on the HIQ vs. Linkedin Case	Horwood Marcus & Berk Chartered
30 Sep	District Court Compels Arbitration Pursuant to Operating Agreement	Carlton Fields
27 Sep	Settlement of County of Maui Prolongs Clean Water Act Uncertainty for Regulated Community	Van Ness Feldman LLP
27 Sep	hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case	Proskauer Rose LLP
27 Sep	TCPA Quick Hitter—Court Rejects $6mm TCPA Class Settlement Because Class Definition Includes “Unascetainable” ATDS Reference	Squire Patton Boggs (US) LLP
26 Sep	A Dark Day for Franchising: Ninth Circuit Reinstates its Misguided Vazquez Decision, Undermining the Franchise Business Model	Bryan Cave Leighton Paisner
25 Sep	Ninth Circuit Affirms Confirmation of Arbitration Award, Finding Plaintiffs Failed to Show Prejudice From Denial of Discovery	Carlton Fields
24 Sep	Ninth Circuit Rules Montana’s Ban on Political Robocalls is Unconstitutional	Faegre Drinker
24 Sep	Indian Nations Law Update - September 2019	Godfrey & Kahn S.C.
23 Sep	No Escape: Court Asked to Find TCPA Judgment Against Corporate Officer Non-Dischargeable In Bankruptcy	Squire Patton Boggs (US) LLP
20 Sep	Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision.	Squire Patton Boggs (US) LLP
19 Sep	TCPA Class Action Update – The Eleventh Circuit Departs from the Ninth Circuit in Holding That the Receipt of One Text Message Does Not Convey Article III Standing	Mintz
18 Sep	‘Big Tuna’ Antitrust Case Among Latest to Discuss Daubert Test at Class Certification Stage. But What’s Too Rigorous?	MoginRubin
18 Sep	The Ninth Circuit Expected to Rule that Doctors Can Be Wrong in the Winter v. Gardens False Claims Act Case	Foley & Lardner LLP
18 Sep	TCPA Turnstile: Case Update Vol. 10	Vedder Price
16 Sep	Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations	Carlton Fields
16 Sep	$6.5 Million Settlement Reached on Eve of Trial in Class Action Lawsuit Against Chipotle Over the Meaning of “Non-GMO”	Keller and Heckman LLP
13 Sep	First Amendment Morass: Ninth Circuit Strikes Down Statute Regulating Automated Calls on the Basis of Content—Misses The Irony	Squire Patton Boggs (US) LLP
13 Sep	Biotin Supplement Suit Dismissed on Preemption Grounds	Faegre Drinker
13 Sep	Ninth Circuit Holds that OSHA Respiratory Protection Standard Requires Employers to Evaluate Potentially Harmful Atmospheres to Determine Whether Respirators are Required	Keller and Heckman LLP
11 Sep	Ouch: California Debt Collector Hit With $267 Million TCPA Verdict	Squire Patton Boggs (US) LLP
11 Sep	Court Holds Arbitration Provision Does Not Violate California’s McGill Rule	Carlton Fields
10 Sep	Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA Claims Subject to Mandatory Arbitration.	Robinson & Cole LLP
9 Sep	In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available Website Data	Proskauer Rose LLP
6 Sep	California Supreme Court Applies Notice-Prejudice Rule to Violation of First-Party Consent Provision as a Predicate to Policy Forfeiture, but Confirms that No Prejudice is Required to Enforce a Third-Party “No Voluntary Payments” Provision	Sheppard, Mullin, Richter & Hampton LLP
6 Sep	Jurisdictional Lessons from Mt. Gox Cryptocurrency Litigation	Bilzin Sumberg
6 Sep	“Broken Link in the Chain of Liability”: MTCA Decision Highlights Intricacies of Corporate Law	Beveridge & Diamond PC
3 Sep	Court Finds for Defendant Investment Adviser in Section 36(b) Excessive-Fee Case	Vedder Price
3 Sep	TCPA Cases Against Realtors For Calls By Independent Agents Uncertifiable? So Holds the First District Court to Consider the Issue	Squire Patton Boggs (US) LLP
30 Aug	Don’t Waive Goodbye to Your Right to a Jury Trial	Carlton Fields
30 Aug	The Beginning of the End for 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
29 Aug	Ninth Circuit Rules That California Home Care Workers Can Sue LA County For Unpaid Overtime	Epstein Becker & Green, P.C.