Top News

Ninth Circuit confirms fairness of neutral time clock rounding system

Michelle de Leon Dec. 1, 2016, 8:27pm

SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit declared that a petitioner seeking overtime pay and damages under the provisions of the Fair Labor Standards Act was misguided in his claims that the time clock rounding system cheated him of his pay.

Ninth Circuit finds foreclosure trustee isn't debt collector under federal law

Joe Dyton Dec. 1, 2016, 7:43pm

SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit recently ruled that the trustee of a California deed of trust securing a real estate loan was not a “debt collector” under the federal Fair Debt Collection Practices Act (FDCPA). The court’s reasoning was the trustee wasn’t trying to collect money from the borrower.

Settlement proves costly in case of pre-recorded phone calls

Chandra Lye Dec. 1, 2016, 6:33pm

&&&CALIFORNIA--The U.S. District Court for the Southern District of California has approved the settlement terms of the class action lawsuit Stemple v. QC Holdings. The plaintiff, Paul Stemple, filed a complaint against QC Holdings alleging it violated the Telephone Consumer Protection Act (TCPA) by contacting him – and others – via cell phone.

Ninth Circuit Court of Appeals changes opinion on lip balm slack-fill case, putting pressure on similar suits

Heather Doyle Nov. 26, 2016, 10:21pm

SAN FRANCISCO — Courts may now approach slack-fill suits with greater skepticism when a manufacturer accurately labels its net weight following an amended opinion by the U.S. Court of Appeals for the 9th Circuit, according to a lip balm lawsuit.

Appeals court settles Tahoe agency's clash with environmental groups

Mary Anne Kress Nov. 22, 2016, 7:58pm

SAN FRANCISCO – An ongoing conflict between the Sierra Club and Friends of the West Shore with the Tahoe Regional Planning Agency (TRPA) has come to an end ... for now. The environmental groups, represented by Earthjustice attorney Trent Orr, appealed their lawsuit to the U.S. Court of Appeals for the Ninth Circuit after U.S. District Court Judge John Mendez dismissed it in April 2014. The appeals court upheld the TRPA plan.

Court rules CarMax's generic used car inspection reports violate California law

Tara Mapes Nov. 6, 2016, 10:39pm

SAN FRANCISCO -- California's Ninth Circuit Court reversed a district court’s summary judgment in favor of CarMax Auto Superstores LLC (CarMax) and remanded with instructions to enter summary judgment for plaintiff Travis Gonzales. Gonzales sued CarMax after experiencing problems with a vehicle he purchased at one of its lots.

Commercial liability insurer found not liable under watercraft exclusion for fish oil contamination claim

Robert Lawson Nov. 3, 2016, 11:42pm

SAN FRANCISCO — A commercial liability insurer (CGL) has been declared as not responsible for damages claimed in a lawsuit settlement over contaminated fish oil aboard a vessel operated by the company suing, according to a Ninth Circuit Court of Appeals ruling filed in September.

Federal appeals court upholds endangered seal species listing

John Breslin Nov. 3, 2016, 12:17pm

SAN FRANCISCO -- A federal appeals court ruling regarding an endangered seal species will have an impact far from the Arctic Circle, environmentalists say.

Court to consider deportation case involving man classified as lacking 'good moral character'

Chandra Lye Oct. 25, 2016, 5:59pm

SAN FRANCISCO – A federal appeals court has ordered a rehearing for a case that involves an undocumented immigrant who was classified as lacking “good moral character” because he was considered a “habitual drunkard.”

Ninth Circuit Judge O'Scannlain to assume senior status

Robert Lawson Oct. 24, 2016, 12:09am

SAN FRANCISCO – United States Ninth Circuit Court of Appeals Judge Diarmuid O'Scannlain will assume senior status. 

Uber comes out on top in appeals court decision

Chandra Lye Oct. 14, 2016, 4:30pm

CALIFORNIA – The U.S. Court of Appeals for the 9th Circuit has found that Uber’s arbitration agreements with its drivers are legal and binding.

U.S. Department of Justice disallows admission of Iraq Inquiry in civil suit against the former Bush administration

Michelle de Leon Oct. 14, 2016, 1:21pm

SAN FRANCISCO -- The U.S. Department of Justice has rejected the submission of the Chilcot Report, barring the documents from reaching the United States Court of Appeal for the Ninth Circuit as supplemental evidence in the ongoing case centered on the Iraq War.

Professor agrees with L.A. Times column that 9th Circuit seems more centric

Robert Lawson Oct. 12, 2016, 9:58pm

LOS ANGELES — A Los Angeles Times opinion editorial piece written by Ben Feuer described the United States 9th Circuit Court of Appeals as the court "conservatives love to hate." 

American Small Business League continues fight against the federal government

Dawn Geske Oct. 12, 2016, 12:18pm

PETALUMA – The American Small Business League (ASBL) has filed for an injunction to halt the alleged falsifying of small business contracts by the federal government.

California district court rules exclusions can be enforced in ERISA suit

Robert Lawson Oct. 12, 2016, 12:42am

SAN FRANCISCO—A California District Court has ruled that a discretionary clause within a benefits policy was to be enforced in the case Bain v. United Healthcare Inc.

MetLife's paper reviews by doctors ruled as structural conflict in ERISA case

Robert Lawson Oct. 10, 2016, 1:29am

SAN FRANCISCO — MetLife has been found liable after denying a transition in Daniel Demer's benefits in Demer v. IBM Corporation LTD Plan, which was filed in the 9th Circuit Court of Appeals in San Francisco, California. 

California Supreme Court to review federal de minimis doctrine

Joe Dyton Oct. 7, 2016, 8:53pm

SAN FRANCISCO – The California Supreme Court will give a case based on the established doctrine de minimis on the recommendation of the U.S. Court of Appeals for the Ninth Circuit.

Court maintains 'conversion therapy' ban, saying it does not affect First Amendment

Kerry Goff Oct. 7, 2016, 8:45pm

SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit recently upheld a 2012 law that prohibits licensed mental health practitioners from subjecting minors to harmful "conversion therapy" practices that attempt to change their sexual orientation or gender identity.

Court sides with marine mammal advocates in naval sonar lawsuit

Taryn Phaneuf Aug. 7, 2016, 10:54pm

SAN FRANCISCO — The federal agency tasked with granting the U.S. Navy permission to use low-frequency active sonar for training, testing and routine operations in oceans around the world didn’t do enough to protect marine mammals, a panel of judges in the Ninth U.S. Circuit Court of Appeals decided recently.