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
8
2021
Failure to Conduct a Thorough Investigation Was Not Willful Disregard of Furnisher’s Duty to Conduct Reasonable Investigation Womble Bond Dickinson (US) LLP
Aug
9
2014
California District Court Rules NCAA Violated Antitrust Laws: But Did The NCAA Win By Losing? Womble Bond Dickinson (US) LLP
Jan
10
2017
Food and Beverage Manufacturers That Use Added Sugar Be On Alert Womble Bond Dickinson (US) LLP
Aug
27
2018
Pride Goeth Before the Fall: DirecTV Effort to Leverage Wireless Market Leads Following AT&T Merger Leads to Unshakable TCPA Class Action Womble Bond Dickinson (US) LLP
Sep
28
2018
ATDS Appellate Watchdog: TCPA Autodialer Cases Pending in the Circuit Courts of Appeals You Can’t Miss Post-Marks Womble Bond Dickinson (US) LLP
Oct
29
2018
Big TCPA Day Continues: Ninth Circuit Reverses Summary Judgment in Favor of Defendant Where Plaintiff’s Revocation Testimony Raised a Question of Fact Womble Bond Dickinson (US) LLP
Jan
16
2020
Court Holds no TCPA Violation for MMS Message Initiated, but Not Received on Plaintiff’s Decade-Old RAZR Womble Bond Dickinson (US) LLP
Dec
11
2023
Ninth Circuit Sets Low Bar for Challenges to Delegation Clauses in Arbitration Agreements and Allows Expansive Review by District Courts Womble Bond Dickinson (US) LLP
Sep
20
2018
“X”-Treme Marks the Spot: Ninth Circuit Takes Extreme Position – Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA Womble Bond Dickinson (US) LLP
Nov
21
2018
In Brief: Incidental “Advertisement” Language In a Fax Does Not Create a TCPA Violation Womble Bond Dickinson (US) LLP
Dec
17
2018
This is How It Is in TCPAland: Class Counsel Moves to Strike Defendant’s Consent Defense for Seeking One Week Extension to Redact PII from Data Production Womble Bond Dickinson (US) LLP
Jan
4
2019
What’s Up Doc with Medical Records in FCRA Cases? Womble Bond Dickinson (US) LLP
Oct
9
2013
Employees Who Download Trade Secrets As They Head Out the Door Can Be Guilty of TS Theft, Even Before They Make Use of the Information Womble Bond Dickinson (US) LLP
Sep
30
2018
TCPA on the Front Line: The Battle for the Future of American Free Speech is Quietly Taking Shape in an Appeal Over “Robocalls” Womble Bond Dickinson (US) LLP
Oct
8
2018
Striking the Mother Lode: Court Grants Final Approval of $3.5M TCPA Class Action Settlement Providing Award of Over $800 Per Claim, and $1.05M in Attorney Fees Womble Bond Dickinson (US) LLP
Oct
30
2018
Banc Robbery! Crunch’s Petition for Re Hearing En Banc Denied by Ninth Circuit in Marks Womble Bond Dickinson (US) LLP
Oct
11
2019
LiveVox HCI Not an ATDS Under Marks v. Crunch Womble Bond Dickinson (US) LLP
Nov
13
2023
Kohler Lets Design Patent Infringement Charges Flow in New Complaint Womble Bond Dickinson (US) LLP
Nov
26
2018
Court Approves FCRA Class settlement Against Petco Womble Bond Dickinson (US) LLP
Oct
11
2019
Text Message Platform Dismissed From TCPA Class Action Because It Was Not the “Maker or Initiator” of Text Message Womble Bond Dickinson (US) LLP
Jun
2
2020
Attorney’s “Gotcha” Strategy Rejected in TCPA Revocation Case Womble Bond Dickinson (US) LLP
Jun
18
2021
The Ninth Circuit Overturns District Court of Nevada’s Dismissal of FCRA Claim Womble Bond Dickinson (US) LLP
Jun
14
2019
Pacific Gas & Electric Bankruptcy Alert Womble Bond Dickinson (US) LLP
Dec
5
2019
Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System Womble Bond Dickinson (US) LLP
May
20
2020
Ninth Circuit Again Addresses FCRA’s ‘Standalone’ Disclosure Requirement Womble Bond Dickinson (US) LLP
Feb
10
2021
With Oral Argument Completed, Courts have Been More Inclined to Grant Stays Pending the Outcome in Facebook v. Duguid Womble Bond Dickinson (US) LLP
Jul
19
2023
Hall v. Smosh Dot Com, Inc. – Ninth Circuit Holds Mother Has Article III Standing To Sue Under TCPA Based On Text Messages Received On A Phone Used By Her Son Womble Bond Dickinson (US) LLP
Aug
22
2013
Is The 9th Circuit’s Decision on Trial Payment Plan Promises the Prelude to a Cautionary Tale? Womble Bond Dickinson (US) LLP
Jul
24
2018
On the Edge of Our Seats: Court Stays Putative TCPA Class Action Pending Forthcoming ATDS Functionality Ruling in Related Case Womble Bond Dickinson (US) LLP
Sep
24
2018
Opinion: The TCPA is a Clunker that Doesn’t Stop Robocalls– the Courts Should Now Stand Down and Defer to the FCC’s Promising Solutions Womble Bond Dickinson (US) LLP
Jan
11
2019
Take a Load off, Fannie: Ninth Circuit Finds Fannie Mae is not a CRA Womble Bond Dickinson (US) LLP
Jun
14
2019
Government-Backed Debt Exemption Unconstitutional, Must Be Severed, Says Ninth Circuit Womble Bond Dickinson (US) LLP
Oct
9
2014
9th Circuit: Plugged-In Furniture - What's Past Is Prologue Womble Bond Dickinson (US) LLP
Sep
24
2018
Motion to Strike Granted - Court Strikes Down FCRA Affirmative Defense Womble Bond Dickinson (US) LLP
Mar
29
2019
First Court Within Ninth Circuit Declines to Follow Reyes and Finds that Consent Can Be Revoked Under the TCPA Womble Bond Dickinson (US) LLP
Oct
7
2019
California District Court Certifies FCRA Class Action Against Experian after Servicer Went out of Business Womble Bond Dickinson (US) LLP
Jun
4
2020
Ninth Circuit Holds in Wrong Number TCPA Case That “Called Party” Does Not Mean “Intended Recipient” Womble Bond Dickinson (US) LLP
Oct
12
2020
Oregon District Court holds that Revocation Cannot Be Imputed to a Party That Never Received Revocation Notification Womble Bond Dickinson (US) LLP
Sep
18
2013
Copyright + Trade Dress = Solid Combination For Furniture Manufacturers Womble Bond Dickinson (US) LLP
Oct
20
2018
Swinging for the Fences: Consumer-Side TCPA Comments Urge the FCC to Adopt the Ninth Circuit’s Definition of an ATDS and Expand the TCPA to Regulate Smartphone Use (TCPAland Comment Review Vol. III) Womble Bond Dickinson (US) LLP
Nov
29
2023
MMS Text Messages That Include Links to Audio Are Not “Prerecorded Voice” Subject to TCPA Wireless Prohibition When a “Conscious Choice” is Required to Access Audible Content Womble Bond Dickinson (US) LLP
Sep
26
2018
Prognosticating Post Marks: Will Court in the Other Jurisdictions Follow in the 9th Circuit's Footsteps on the Definition of ATDS? Womble Bond Dickinson (US) LLP
Oct
3
2018
Breaking TCPA News: FCC Seeks Further Comment On Interpretation Of The Telephone Consumer Protection Act In Light Of The Ninth Circuit's Marks v. Crunch San Diego, LLC Decision Womble Bond Dickinson (US) LLP
Nov
7
2018
$375.00 a Class Member to Settle? Court Approves Whopper of a TCPA Settlement Against Allstate Insurance Company over Junk Faxes Womble Bond Dickinson (US) LLP
Jan
31
2019
The Form Must Stand Alone: Ninth Circuit Rules that Disclosure Form Referencing State Laws Violates FCRA Womble Bond Dickinson (US) LLP
Jul
31
2020
Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List Womble Bond Dickinson (US) LLP
Jan
12
2024
Clinical Laboratory and CEO To Pay Over $13 Million to Settle False Claims Act Allegations ArentFox Schiff LLP
Nov
29
2009
Every Breath You Take: Blogging, Texting, E-mails and Social Networking in the Workplace ArentFox Schiff LLP
Jul
21
2016
Ninth Circuit Finds Market Allegations Sufficient, Overturns Dismissal in Sutter Health Tying Case ArentFox Schiff LLP
May
27
2022
DOJ Denies Alleged Circuit Split on Particularity Requirement in FCA Cases ArentFox Schiff LLP
 

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