9th Circuit Appellate Court, San Francisco

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9th Circuit Appellate Court, San Francisco News

Stanford professor says judicial misconduct no longer tolerated

An investigation into the activities of Alex Kozinski, a former judge on the U.S. 9th Circuit Court of Appeals, will not continue after he resigned from his position.

Broadway Grill's case against Visa moves to higher court

SAN FRANCISCO – Burlingame-based attorney Nancy L. Fineman argued her case on behalf of the Broadway Grill in state court but was told to take her fight to the federal level.

Court rules labor bill carve-outs justification 'does not survive constitutional scrutiny'

SAN FRANCISCO — A federal appeals court gave a green light to two growers who claim a state labor law violates their 14th Amendment right to equal protection, but rejected their charge of political targeting.

Appeals court upholds denial of Medtronic motions in lawsuit

The U.S. Court of Appeals for the 9th Circuit upheld a federal-court denial of Medtronic’s motions for judgment as a matter of law and a new trial in the company's lawsuit with Pabban Development.

Appeals court agrees with 23andMe arbitration clause

SAN FRANCISCO – The arbitration clause included in a contract with a California biotechnology company was upheld by the appeals court.

AT&T heads back to court for impending class-action suit over data-throttling

SAN FRANCISCO  -- The 9th Circuit Court of Appeals will decide whether or not a group of consumers can continue with their class-action lawsuit against telecommunications giant AT&T. The consumers seek to hold AT&T legally responsible for their "data-throttling" practices.

Court: Banning gun purchases to medical marijuana cardholders does not violate Second Amendment

SACRAMENTO – A court has upheld a federal ban on medical marijuana cardholders in nine Western states, including California, to purchase a firearm.

Federal court dismisses FTC's data throttling suit against AT&T

SAN FRANCISCO – On Aug. 29 the U.S. Court of Appeals for the 9th Circuit dismissed a Federal Trade Commission (FTC) lawsuit against AT&T accusing it of slowing data speeds, or data throttling, on customers subscribed to unlimited smartphone data plans without clearly disclosing the policy.

California to return $36.2 million to Pauma Band after decade-long casino fight

SAN FRANCISCO – Gov. Jerry Brown recently signed a bill appropriating funds for a $36.2 million payment to the Pauma Band of Luiseño Mission Indians after a court found that the Pauma unfairly overpaid for the right to add slot machines to Casino Pauma.

Court rules federal government not liable for kidnapping of Jaycee Dugard, lawyer plans to file request for rehearing

SAN FRANCISCO – The 9th Circuit Court of Appeals ruled Aug. 26, the U.S. government cannot be held responsible for the 1991 kidnapping of Jaycee Dugard, who was held captive for 18 years.

Employers cannot enforce arbitration agreements, according to 9th Circuit Court of Appeals decision

SAN FRANCISCO – The California 9th Circuit Court of Appeals recently ruled that employers can no longer enforce class-action waivers in arbitration agreements signed by their employees.

Attorney says he hopes DOJ will not appeal court ban on feds prosecuting medical marijuana cases

SAN FRANCISCO – An attorney representing clients in whose favor a California appeals court ruled last month that they could not be prosecuted for marijuana offenses if no state laws were broken, says he hopes the U.S. Department of Justice will not file an appeal.

High court weighs in on whether insurance company should pay legal defense of company in sexual assault case

LOS ANGELES – An appeal has been filed in the 9th Circuit Court in a case where a construction company is looking for its insurance company to pay for its legal defense in a sexual assault case involving an employee and a minor.

Pentagon files appeal not to release information in subcontracting plan

PETALUMA – The Pentagon has filed an appeal in the 9th Circuit Court of Appeals in the Freedom of Information case against it regarding the Comprehensive Subcontracting Plan Test Program (CSPTP).

Judge's nomination to 9th Circuit Court of Appeals depends on politics, professor says

SAN FRANCISCO – Following a successful confirmation hearing, Lucy Koh is one step closer to becoming the first female Korean-American judge on an appellate court.

Lawsuit challenges law requiring students to be vaccinated to attend school

SAN DIEGO – A group of parents and the nonprofit Education 4 All in California are suing the state over a new law (Senate Bill 277) requiring children to be vaccinated to attend school, which went into effect July 1.

Has password sharing just become a federal crime?

SAN FRANCISCO – Sharing your streaming password with a friend for a night is unlikely to lead you to jail, but taking information from your ex-employer with a former co-worker probably will.

Supreme Court rules Department of Labor must clarify OT rules for auto dealers

WASHINGTON – The U.S. Supreme Court, on a 6-2 decision involving a case originally filed in California’s 9th Circuit Court, ordered the Department of Labor to clarify its regulation regarding an overtime pay exemption for people who work at auto dealerships as car salesmen or sales advisers.

Shark fin soup off the menus after Supreme Court declines to hear ban of state law

SAN FRANCISCO – After a U.S. Supreme Court decision not to hear a challenge of California’s law banning possession and sale of shark fins, a fight has ended, and shark fin soup will not be on the menu at many Asian restaurants.  

Judges’ ears key in ‘Vogue’ copyright case

PASADENA – A copyright lawyer said the judges in the 9th Circuit Court of Appeals may have been right when they decided earlier this month that an average audience wouldn’t recognize a sample that was used in the Madonna hit "Vogue," but he isn’t sure they reached that decision in the right way.