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Ninth Circuit Court of Appeals

Ninth Circuit Court of Appeals News Archives

Ninth Circuit Court of Appeals News Archives for October 2009

Oct 31, 2009 | The Bugle

Age discrimination lawsuit re-instated against Arizona company

A federal appeals court has reinstated an age-discrimination suit filed by former Phoenix employees of an international firm.

Comment?

Related Topix: Arizona, US News, Law, Employment / Labor Law

Oct 31, 2009 | WBUR-AM Boston

Cases Show Disparity Of California's 3 Strikes Law

California's three strikes law has imposed some very long sentences on some very dangerous people.

Comment?

Related Topix: Criminal Defense Law, Law, San Bernardino, CA, UC Irvine, US News

Oct 31, 2009 | Las Vegas Sun

Northwest Airlines wins ruling over McCarran accident

A federal appeals court has ruled that Northwest Airlines has the right to continue its pursuit to recover $10.6 million for damage to one of its plane that rolled down an embankment at McCarran International Airport in February 2002.

Comment?

Related Topix: Transportation, Airlines, Northwest Airlines, US News

Fri Oct 30, 2009

TheHawaiiChannel

Judge To Head School Furlough Solution

U.S. District Court Judge David Ezra has recused himself from deciding the furlough Friday lawsuits because he has been appointed to find a resolution to the issue.

Comment?

Related Topix: US News

The Oregonian

California's Proposition 8 cuts both ways

California is America's incubator, the place where transforming trends in culture, clothing, commerce and -- unfortunately -- politics often begin.

Comment?

Related Topix: California, California Government, Gay/Lesbian, Wedding, US News, Opinion

Thu Oct 29, 2009

KTVN Reno

CA can develop own water saving standards

A panel of federal judges gave the state energy commission a chance to establish water conservation standards for clothes washing machines.

Comment?

Related Topix: US News

Arizona Daily Star

Suit reinstated against Matrixx over its Zicam cold remedy

PHOENIX a ' A federal appeals court reinstated a shareholder lawsuit against Scottsdale-based Matrixx Initiatives over what company officials knew about potential dangers from its popular Zicam cold remedy.

Comment?

Related Topix: Biotech, Medicine, Healthcare Industry, Healthcare Law, Law, US News

Wed Oct 28, 2009

ABA Journal

Panel Takes No Action Against Judge Kozinski for E-mailing Crude Jokes

Alex Kozinski, the chief judge of the San Francisco-based 9th U.S. Circuit Court of Appeals, won't be sanctioned for e-mailing crude jokes.

Comment?

Related Topix: US News, Third Circuit Court of Appeals

Rational Review

Full judicial panel to decide if torture suit should go to trial

"Five men who allege they were tortured after a Boeing subsidiary delivered them to secret CIA interrogation sites will have to persuade a full panel of the U.S. 9th Circuit Court of Appeals that their case should go to trial despite administration claims that it involves state secrets.

Comment?

Related Topix: US News, US Military Prisons, Guantanamo Bay Detention Camp, Prison

Tue Oct 27, 2009

San Jose Mercury News

Court to reconsider suit against S.J. company linked to torture flights

A federal appeals court today decided to reconsider a prior ruling allowing a lawsuit to go forward against a San Jose company accused of participating in the CIA's so-called torture flights.

Comment?

Related Topix: San Jose Metro, US News, Science / Technology

Reuters

Appeals court to rehear insurance race bias case

A federal appeals court will reconsider its decision to let African-American homeowners sue Farmers Group Inc for racial discrimination based on alleged overcharges on property and casualty insurance policies.

Comment?

Related Topix: Insurance, US News

Mon Oct 26, 2009

Ledger Dispatch

Gay marriage fight brings legal look at public record secrecy

The fierce fight over same-sex marriage is creating pressure to recognize a new free-speech right that could keep public records secret.

1 comment

Related Topix: Gay/Lesbian, US News, US Supreme Court, California, California Government, Religion, The Church of Jesus Christ of Latter-day Saints (Mormonism)

Sun Oct 25, 2009

Northwest Valley News

Federal judges hearing arguments at Arizona sites

Federal appeals court judges are in Arizona to hear arguments at law schools at Arizona State University in Tempe and the University of Arizona in Tucson.

Comment?

Related Topix: Arizona State University, University of Arizona

Sat Oct 24, 2009

Press-Enterprise

1982 murder defendant to get competency hearing

A judge suspended criminal proceedings Friday for the retrial of a former death row inmate whose conviction was overturned in the 1982 murder of two Riverside police officers.

Comment?

Related Topix: Criminal Defense Law, Law, Prison, Riverside County, CA, US News, Death Penalty

Anchorage Daily News

Justice Dept.: Kott verdict should stand

REJECT MOTION: They say evidence against ex-legislator is overwhelming. Published: October 23rd, 2009 05:28 PM Last Modified: October 23rd, 2009 10:30 PM After months of backtracking in its prosecutions of the Alaska corruption cases, the Justice Department said Friday that former House Speaker Pete Kott received a proper trial in 2007 and his ...

Comment?

Related Topix: US Politics, Ted Stevens, US News, US Senate, Republican, Criminal Defense Law, Law, Anchorage, AK

Fri Oct 23, 2009

The Herald

U.S. Supreme Court shields Referendum 71 signatures

The U.S. Supreme Court on Tuesday barred the state from giving out the names of those who signed petitions for Referendum 71, a move that could keep identities of thousands of people secret for months as a heated legal fight runs its course.

Comment?

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

Thu Oct 22, 2009

The Volokh Conspiracy

Ninth Circuit Opinion in Washington State Referendum Signature Confidentiality Case Arrives:

Looks right. The speech is not anonymous. October 22, 2009, 6:31 pm Steve says: The question is whether the State that created the petition process in the first place is compelled by the Constitution to keep the names of signers secret even if it considers them part of a public record.

Comment?

Related Topix: US News, Opinion

Tucson Region

School tax credit to go to US high court

PHOENIX a ' A challenge to Arizona's controversial tax credits to help students go to private and parochial schools will have to be decided by the U.S. Supreme Court.

Comment?

Related Topix: US Supreme Court, US News

Wed Oct 21, 2009

Northwest Valley News

Appeals court declines to act on Ariz. tax credit

School-choice supporters of a groundbreaking program providing tax breaks for donations for private school scholarships has been dealt another setback as a federal appeals court let stand a ruling that revives a constitutional challenge.

Comment?

Related Topix: US News

Press-Telegram

Appeals court bars suit against LBPD in mistaken rape conviction

A federal appellate court ruled Tuesday that a Santa Monica man whose child rape conviction was overturned after he spent almost 14 years in prison cannot sue Long Beach police for allegedly fabricating evidence against him.

5 comments

Related Topix: Long Beach, CA, US News, Criminal Defense Law, Law

KOMOradio

Appeals court overturns Everett pimp's sentence

A federal appeals court has overturned a 26-year sentence for an Everett pimp. A three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday sent the case of Jerome Todd back to federal court in Seattle.

Comment?

Related Topix: US News

Tue Oct 20, 2009

Bradenton Herald

Ashcroft: Judges should rehear 9/11 witness case

Former Attorney General John Ashcroft has asked a federal appeals court to reconsider its ruling that he can be held personally responsible for wrongfully detaining people as material witnesses after the 9/11 terrorist attacks.

Comment?

Related Topix: US News, Criminal Defense Law, Law

KGUN

Court urged to stop Arizona voter registration requirement

A lawyer for minority advocacy groups says a federal court should stop Arizona from requiring people who register to vote by mail also submit documents to prove citizenship.

Comment?

Related Topix: US News

The Daily Democrat

Federal judge halts IHSScuts

In a case that will have ramifications in counties across California, a federal judge has halted a slashing of the In-Home Supportive Service program which would have affected 130,000 disabled and elderly Californians starting Nov.

1 comment

Related Topix: California, California Government, US News

Mon Oct 19, 2009

Saipan Tribune

Tim's, Santos couple's motion for release under advisement

U.S. District Court for the NMI Chief Judge Alex R. Munson placed under advisement yesterday the renewed motion for release filed by former lieutenant governor Timothy P. Villagomez, James A. Santos, and Joaquina V. Santos.

Comment?

Related Topix: Prison, Federal Prisons, United States Penitentiary, Victorville, US News

Sat Oct 17, 2009

KPHO-TV Phoenix

New Trial Eyed For Death Row Inmate

Debra Jean Milke has been sitting on Arizona's death row for nearly 20 years, largely because a police detective said she confessed to plotting her 4-year-old son's murder.

Comment?

Related Topix: Prison, US News, Phoenix, AZ, State Prisons, Criminal Defense Law, Law

Fri Oct 16, 2009

Tacoma News Tribune

Signatures remain frozen

A Thurston County judge told state elections officials Wednesday that they must not release signatures and addresses of the people who signed 11 statewide initiatives, at least until a federal court dispute is resolved in a similar case.

Comment?

Related Topix: US News, US Supreme Court

Thu Oct 15, 2009

KTVU

Philip Morris Drops Lawsuit Against San Francisco

The nation's largest tobacco company agreed Thursday to drop its legal challenge to San Francisco's ban on tobacco sales in pharmacies.

Comment?

Related Topix: 9, US News

5NEWSonline.com

Appeals court allows release of names of people who backed anti-gay rights referendum

Washington's secretary of state can release the names and addresses of people who signed petitions calling for a public vote on the state's expanded benefits for domestic partners, a federal appeals court said Thursday.

Comment?

Related Topix: Gay/Lesbian, US News

Wed Oct 14, 2009

The Seattle Times

Gay partnership foes, supporters await ruling

Supporters and foes of gay domestic partnerships await a federal ruling from a three-judge panel on whether petitions for Washington's Referendum 71 should be made public after initial arguments were made on Wednesday.

Comment?

Related Topix: Gay/Lesbian, US News, Seattle Metro

Tue Oct 13, 2009

ScienceBlogs

Why Obama Doesn't Deserve the Peace Prize - Again [Dispatches from the Culture Wars]

Blogroll Archives Other Information Posted on: October 12, 2009 9:30 AM, by Ed Brayton Let me spell out in a bit more detail why I don't think Obama deserves the Nobel Peace Prize.

Comment?

Related Topix: US News, ACLU

Mon Oct 12, 2009

Living Here - Sacramento Living - Sac...

Sacramento man presses claim against U.S. for certificate of innocence

ANNE CHADWICK WILLIAMS awilliams@sacbee.com Richard Finley, a Sacramento bookstore owner, is seeking compensation for time he says he wrongly spent in prison.

Comment?

Related Topix: Prison, Sacramento, CA, Sacramento Metro, US News, Federal Prisons

Sun Oct 11, 2009

KATU-TV Portland

High Court denies hearing, future uncertain for Ex-Miss Ore. family

The father of a former Miss Oregon will stand trial for immigration fraud after the U.S. Supreme Court declined to hear his case Monday.

Comment?

Related Topix: US Supreme Court, US News, Prison

Sat Oct 10, 2009

Q13.com KCPQ TV

Supreme Court Hears Cross Case

A Supreme Court argument Wednesday over a cross within the Mojave National Preserve sparked a sharp dispute over whether the Latin cross stands as a symbol of all fallen soldiers, including Jews and Muslims.

Comment?

Related Topix: US News, US National Parks, Mojave National Preserve, Activism

Green Bay Press-Gazette

Guest column: Texas judge tosses 'Ave Maria' from public high school

Judge Richard Talman wrote this for the 9th U.S. Circuit Court of Appeals in the case of Nurre v. Whitehead: 'Once again we enter the legal labyrinth of a student's First Amendment right to free speech.

Comment?

Related Topix: US News

Fri Oct 09, 2009

The Washington Times

Government's cross 'solution' challenged

The Supreme Court broke down along ideological lines Wednesday in a contentious religion case, with conservative Justice Antonin Scalia calling "outrageous" the arguments that a cross built as a war memorial only honors Christian soldiers, while liberal justices doubted the government's effort to solve the issue by selling the cross and the ...

Comment?

Related Topix: US News

Living Here - Sacramento Living - Sac...

Hold Schwarzenegger in contempt, inmates' lawyers urge judges

Saying the Schwarzenegger administration is thumbing its nose at three federal judges with a flawed plan to ease overpopulation of prisons, inmates' attorneys Thursday asked the judges to find the governor in contempt.

Comment?

Related Topix: Criminal Defense Law, Law, US Governors, Arnold Schwarzenegger, US News, US Supreme Court

Corporate Securities Law Blog

Ninth Circuit Holds That Absence Of 'Upjohn Warning' Does Not...

Home > Securities Litigation > Ninth Circuit Holds That Absence Of " Upjohn Warning" Does Not Bar Admissibility In Criminal Prosecution Of Statements Elicited By Corporate Counsel During Internal Investigation> In United States v. Ruehle , No.

Comment?

Related Topix: US News, Criminal Defense Law, Law, US Supreme Court, Semiconductors, Electronics, Broadcom

Thu Oct 08, 2009

New York Times

Court Hears Case About Cross in National Preserve

An argument Wednesday about the fate of a cross in a remote part of the Mojave National Preserve in southeastern California largely avoided the most interesting question suggested by the case - whether the First Amendment's ban on the establishment of religion is violated when the government displays a cross as a war memorial.

Comment?

Related Topix: US National Parks, Mojave National Preserve, US News

California Progress Report

Federal Appeals Court Will Hear on Oct 22 Medi-Cal Optional Benefits Lawsuit

In a case that could have sweeping impact on other state budget cuts, the US 9th Circuit Court of Appeals granted an emergency motion filed by the Medicaid Defense Fund, representing seniors and persons with disabilities who are Medi-Cal recipients, to hear on October 22, a lawsuit - " Gray Panthers of San Francisco, et al.

Comment?

Related Topix: Healthcare Law, Law, Medicaid, Health, US News, US Governors, Arnold Schwarzenegger, Dave, Comedy Movies

EETimes

DOJ opposes rehearing in Xilinx-IRS case

Xilinx Inc.'s petition for a rehearing in its dispute with the Internal Revenue Service over dealings with a foreign subsidiary should be denied, the U.S. Justice Department argued in a legal brief filed Tuesday .

Comment?

Related Topix: Semiconductors, Electronics, Xilinx, Startups, Tax, US News

Wed Oct 07, 2009

KGW-TV Portland

WaMu employees' lawsuit against JPMorgan dismissed

An attempt by former Washington Mutual Inc. employees to recoup their retirement account losses from JPMorgan Chase & Co., part of a complex tangle of litigation stemming from WaMu's collapse last year, has been dismissed.

Comment?

Related Topix: Personal Finance, Retirement, Banking, Financial Services, Washington Mutual, JP Morgan Chase , US News, Law, Employment / Labor Law

Anacortes American

Sex offender treatment center patient loses appeal

An 18-year legal battle over the Special Commitment Center for sexual predators on McNeil Island has come to an end.

Comment?

Related Topix: US Supreme Court, US News

Gouverneur Times

Supreme Court to Hear Cross Case

The cross, on an outcrop known as Sunrise Rock in the Mojave National Preserve, has been covered in plywood for the past several years following federal court rulings that it violates the First Amendment prohibition against government endorsement of religion.

Comment?

Related Topix: US National Parks, Mojave National Preserve, US News

EETimes

Xilinx still fighting decision in IRS case

In what has become a very closely watched tax case, programmable logic vendor Xilinx Inc.

Comment?

Related Topix: Semiconductors, Electronics, Xilinx, Startups, Tax, San Francisco Metro, US News

Tue Oct 06, 2009

K103

Oregon backs Roadless Rule

Oregon Gov. Ted Kulongoski and Attorney General John Kroger have sent letters urging the U.S. Department of Agriculture and the U.S. Department of Justice to pursue a legal strategy that supports the Clinton-era Roadless Rule to protect pristine wilderness areas.

1 comment

Related Topix: Oregon Government, Oregon, Ted Kulongoski, US Governors, US News, Agriculture, Science, United States Department of Agriculture

Clover Herald

High court to review parts of anti-terrorism law

The Supreme Court will consider whether portions of a law that makes it a crime to provide "material support or resources" to designated terrorist groups are unconstitutional.

Comment?

Related Topix: Terrorism, US News

Mon Oct 05, 2009

ABA Journal

Supreme Court to Review Law Banning Material Support to Terrorist Groups

The U.S. Supreme Court has agreed to decide whether a law barring material support to terrorist groups is unconstitutionally vague.

Comment?

Related Topix: Criminal Defense Law, Law, US News

Sun Oct 04, 2009

Sentencing Law and Policy

Two different Ninth Circuit panels reverse two Arizona death sentences

Death sure is different in the Ninth Circuit. Though I think the Ninth Circuit has generallyfailed to live up to it liberal reputation in much of its post- Blakely and post- Booker non-capital sentencing jurisprudence, the judges on the Ninth Circuit continue to find ways to reverse capital sentences as evidenced by two new rulings today.

Comment?

Related Topix: US News

Sat Oct 03, 2009

SF Gate

California must offer more slot machines to tribes

California must offer tribal casinos licenses for 10,549 more slot machines next week because of a federal court ruling.

Comment?

Related Topix: California, California Government, Sacramento Metro, Sacramento, CA, US News

Fri Oct 02, 2009

California Appellate Report

Jones & Libberton v. Ryan

There's never a good day to be on death row in Arizona. Especially on your very last day there.

Comment?

Related Topix: US News, Death Penalty

Macworld UK

Autodesk Vs Vernor: US judge rules secondhand software sales OK

A Seattle judge ruled in favour of a man arguing that he has the right to sell secondhand software, in a case that had some people worried about an end to used-book and CD stores.

Comment?

Related Topix: US News

Thu Oct 01, 2009

CW33 Dallas KDAF-TV

Supreme Court To hear Black Firefighters Discrimination Case from Chicago

The Supreme Court plunged back into the legal fight over firefighters, test scores and accusations of racial discrimination on Wednesday, this time to decide when those who say they were victims of discrimination must file a lawsuit.

Comment?

Related Topix: US News, Sonia Sotomayor, Terrorism

The Oregonian

Pollution lawsuit against Barrick reinstated

A federal appeals court has reinstated a nearly four-year-old lawsuit accusing a subsidiary of Barrick Gold Corp.

Comment?

Related Topix: Barrick Gold, Mining, Southeast Asia, Philippines, World News, US News, Placer Dome, US Politics

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