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Ninth Circuit Court of Appeals News

News on Ninth Circuit Court of Appeals continually updated from thousands of sources around the net.

2 min ago | Courthouse News Service

Water Rights Dispute Has 9th Circ. Flummoxed

Against the backdrop of a 100-year California-wide drought, 9th Circuit Judge Richard Tallman told attorneys for the government, environmental groups and state water contractors that a quick decision over a long-running water-rights dispute in the Central Valley is unlikely. "Don't stand by your phones too soon," Tallman said just before he, Judge Johnnie Rawlinson and U.S. District Judge Thomas Rice, sitting by designation from Washington, filed out of the courtroom Thursday.

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Related Topix: Weather, US News, Natural Disasters, Drought

4 hrs ago | Courthouse News Service

7th Circuit Appears Poised to Reject Physicians' Obamacare Challenge

After a morning spent skewering an anti-Obamacare lawyer, the 7th Circuit appears poised to throw out a politically conservative medical association's challenge to the law to avoid a "breathtaking expansion of jurisdiction." Several courts have already upheld the validity of the Patient Protection and Affordable Care Act, including the 9th Circuit, which last month ruled the law did not violate an Arizona man's right to "medical autonomy," and the D.C. Circuit, which dismissed an artist's claim that the Act unconstitutionally forces him to buy health insurance against his will.

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Related Topix: Seventh Circuit Court of Appeals, US News

8 hrs ago | JD Supra

Ninth Circuit: AG's Suit Challenging Add-On Products Stays in State Court

Lawsuits filed by the Hawaii Attorney General alleging that card issuers deceptively advertised add-on products belong in state court and are not preempted by the National Bank Act , the Ninth U.S. Circuit Court of Appeals has ruled. Hawaii's Attorney General filed suit in state court against HSBC Bank, Capital One, Citigroup, JP Morgan Chase, Discover Bank, and Bank of America claiming that the defendants deceptively marketed and improperly enrolled customers in add-on credit card products, particularly payment protection plans.

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Related Topix: US News, Marketing, Criminal Defense Law, Law

10 hrs ago | Advocate

Idaho Spends Thousands on Lackluster Defense of Marriage Ban

So far, the state of Idaho has spent a little over $71,000 to defend its marriage ban. And what do they have to show for it? Not much.

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Related Topix: US News

14 hrs ago | ABA Journal

Democratic appointees are now in the majority on nine federal appeals courts

A change in filibuster rules has helped President Barack Obama rebuild the federal appeals courts to give Democratic appointees an edge. Excluding senior judges, judges appointed by Democratic presidents outnumber GOP-appointed judges on nine out of 13 federal appeals courts, the New York Times reports.

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Related Topix: US Politics, US News, Barack Obama

18 hrs ago | JD Supra

Social Media Concerns Potentially Affecting Arizona's Real Estate Industry

A growing number of governmental authorities are cracking down on the use of social media with regard to commercial transactions. In Arizona, for example, legislation was proposed restricting an employer's right to access social media account information of its employees.

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Related Topix: Real Estate, US News

Mon Sep 15, 2014

jdsupra.com

Employment Law Summer Recap 2014: Part 1 of 11 - FedEx sings Nico & ...

Employment Law Summer Recap 2014: Part 1 of 11 - FedEx sings Nico & Vinz's "Am I Wrong"a to Classify Our Drivers as Independent Contractors? Am I wrong for thinking out the box from where I stay? Am I wrong for saying that I choose another way? Those are the opening lyrics to Nico & Vinz's summertime hit "Am I wrong." The music stations play it so often that my car radio now just automatically turns off in protest.

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Related Topix: US News

Courthouse News Service

Living Large After Going Bust No Proof of Tax Scam

Evidence of video game pioneer William "Trip" Hawkins' allegedly lavish post-bankruptcy lifestyle is not enough to prove that he willfully avoided paying more than $20 million in taxes, the 9th Circuit ruled Monday. Hawkins co-founded gaming giant Electronic Arts Inc., but later lost a fortune on the failure of 3DO, which developed a line of consoles and games in the 1990s.

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Related Topix: Economics News, Bankruptcy, US News

Washington Blade

7th Circuit stays decision on Indiana same-sex marriage

In a move consistent with prior decisions from the U.S. Supreme Court, a federal appeals court on Monday agreed to stay its decision striking down Indiana's ban on same-sex marriage. Without explanation, a three-judge panel of the U.S. Ninth Circuit Court of Appeals granted a request from Indiana Attorney General Greg Zoeller to place on hold a ruling against the state's marriage until the final word on the law comes down from the Supreme Court.

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Related Topix: Indiana, Seventh Circuit Court of Appeals, US Supreme Court

West Australian

Second actor sues Google over 'Innocence of Muslims' movie trailer

A second actor has sued Google Inc over a movie trailer called "Innocence of Muslims" that mocked the Prophet Mohammad and led to riots in 2012, six months after a U.S. appeals court ruled for another actor and ordered the film taken off YouTube. Gaylord Flynn said he has received death threats and fears for his life while Google continues to provide its users with access to the film through pirated content websites known as torrent sites, according to his lawsuit, filed on Friday in a California federal court.

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Related Topix: US News

Ars Technica

Court blasts US Navy for scanning civilians' computers for child porn

A federal appeals court said the US Navy's scanning of the public's computers for images of child pornography constituted "a profound lack of regard for the important limitations on the role of the military in our civilian society." The Naval Criminal Investigative Service practice led the 9th US Circuit Court of Appeals to suppress evidence in the form of images of child pornography that an NCIS agent in Georgia found on a Washington state civilian's computer.

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Related Topix: US Military, US Navy, US News

ABA Journal

3rd Circuit upholds ban on conversion therapy for underage gay youths; will SCOTUS take the case?

The Philadelphia-based 3rd U.S. Circuit Court of Appeals upheld the law on Thursday, using reasoning that conflicts with the analysis in another appellate decision, according to the National Law Journal and a press release by Liberty Counsel, which represented the plaintiffs challenging the New Jersey law. NJ.com also has a story.

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Related Topix: Third Circuit Court of Appeals, US News, US Supreme Court

National Review Online

This Day in Liberal Judicial Activisma "September 15

Missouri -a plan that will become the "most ambitious and expensive remedial program in the history of school desegregation"-federal district judge Russell G. Clark imposes a 1.5% surcharge on state taxpayers in the school district, orders a near-doubling of the property-tax levy in the school district, and directs the school district to issue $150 million in capital improvement bonds. On appeal, the Eighth Circuit will reverse Clark's income-tax surcharge, and the Supreme Court will unanimously reverse Clark's increase in the property tax.

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Related Topix: US News, Tax, Anthony Kennedy

Sun Sep 14, 2014

The Washington Post

What the posse comitatus case might mean for the future of the exclusionary rule

As Eugene noted , a divided panel of the Ninth Circuit recently held that a child pornography conviction had to be reversed because the evidence was gathered in violation of the Posse Comitatus Act. Steve Vladeck has a post discussing the important and potentially certworthy issue in the case, which is whether a violation of that statute can trigger the exclusionary rule at all.

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Related Topix: US News, Criminal Defense Law, Law, Sports

Switched

Court Tosses Man's Child Porn Conviction Over Illegal Government Surveilance

A federal appeals court has tossed out a man's child-pornography conviction and 18-year prison sentence because of illegal government surveillance. The San Francisco-based 9th Circuit Court of Appeals ruled Friday that it was illegal for the U.S. Navy to use a high-powered software program to search private computers throughout the state of Washington for child pornography.

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Related Topix: US News, US Military, US Navy

ThinkProgress

Idaho Has Spent Over $70,000 Defending Its Ban On Same-Sex Marriage

So far, taxpayers in Idaho have spent $71,477 for the state to defend its ban on same-sex marriage. Most of that chunk has gone directly to Monte Neil Stewart, a private attorney contracted to prepare briefs and represent the state during arguments.

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Related Topix: Gay/Lesbian, US News, Liberal Political News

Sat Sep 13, 2014

Pacific Daily News

Ancestral tracings discriminatory

If you have a passion for film and a love of the island, now is the chance for you to express it. Regardless of what ruling eventually results from the 9th Circuit Court of Appeals in the Davis v.

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Related Topix: US News, Opinion

Courthouse News Service

Navy Guilty of Illegally Broad Online Searches

Navy investigators regularly run illegally broad online surveillance operations that breach the line against military enforcement of civilian law, a divided 9th Circuit ruled Friday. One such operation carried out in 2010 by NCIS agent Steve Logan eventually netted Seattle-area resident Michael Dreyer for distributing child pornography.

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Related Topix: US News, US Federal Bureau of Investigation, thePlatform

On Top Magazine

Las Vegas Wedding Chapels Prepare For Gay Marriage Decision

Las Vegas is preparing for an appeals court's decision which could make Nevada the 20th state - in addition to the District of Columbia - to allow gay and lesbian couples to marry. Nevada officials are no longer defending in court the state's 2002 voter-approved constitutional amendment limiting marriage to heterosexual unions, though a third party is.

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Related Topix: Gay/Lesbian, Wedding, US News, US Supreme Court

Fri Sep 12, 2014

SFGate

Appeals court overturns child porn conviction

A federal appeals court overturned on Friday a Washington state man's conviction for possessing and distributing child pornography because he was found out by a military investigator. A Naval Criminal Investigative Service agent used a high-powered software program in 2010 to search computers throughout the state of Washington for evidence of child pornography and discovered the material in Michael Dreyer 's computer.

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Related Topix: Criminal Defense Law, Law, US News

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