Ninth Circuit Court of Appeals News
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17 min ago | National Review Online
This morning the Ninth Circuit Court of Appeals declined a request for an en banc hearing in a case holding that school officials could censor students who peacefully wore American flag clothing because those students were violently threatened by anti-American classmates. In other words, the court upheld a classic "heckler's veto," and in so doing empowered violent bullies and undermined decades of free-speech jurisprudence.
1 hr ago | HealthLawProf Blog
Guest Blogger Professor Wendy Parmet - The King v. Governor of the State of New Jersey: Applying the First Amendment to Laws Regulating Physician Speech Last week's decision by the U.S. Court of Appeals for the Third Circuit in King v.
5 hrs ago | Courthouse News Service
DHL's decision to refuse certain retirement-plan transfers from former Airborne Express employees does not violate anti-cutback rules, the 9th Circuit ruled Monday. DHL, the world's largest logistics provider, acquired Airborne in 2003.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Updated: Wed Sep 17, 2014 10:49 am
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