U.S. Court of Appeals for the Ninth Circuit News

Judge: California health care department exempt from dormant Commerce Clause

By Amanda Thomas | Apr 8, 2018

SAN FRANCISCO — A federal judge has reversed a district court's decision in a lawsuit brought by hospitals outside but near the California border against the state Department of Health Care Services.

Appeals court affirms Fish and Wildlife Service lawfully ended otter program

By Tomas Kassahun | Mar 30, 2018

The U.S. Court of Appeals for the 9th Circuit held March 1 the U.S. Fish and Wildlife Service has authority to stop the southern sea otter relocation program authorized by Public Law 99-625.

Court upholds ruling in favor of Department of Health Care in private ambulance compensation case

By Tomas Kassahun | Mar 24, 2018

SAN FRANCISCO – The U.S. Court of Appeals for the 9th Circuit has upheld a district court’s ruling in favor of the director of the California Department of Health Care Services in a lawsuit brought by private ambulance companies over compensation.

Appeals court upholds ruling to dismiss copyright suit against Nike

By Tomas Kassahun | Mar 15, 2018

SAN FRANCISCO -- The U.S. Court of Appeals for the Ninth Circuit has upheld a decision to dismiss a photographer’s copyright infringement allegations against Nike Inc.

Appeals court rules FCC regulatory order 'does not rob' FTC authority to pursue case against AT&T

By Karen Kidd | Mar 9, 2018

SAN FRANCISCO (Northern California Record) — A federal appeals court recently uphelp the Federal Trade Commission's regulatory authority over large Internet service providers and allowed the commission to move ahead in its case against AT&T for allegedly throttling the data speeds of millions of unlimited data plan customers.

Ninth Circuit gearing up to rehear San Francisco soda warning label case

By Karen Kidd | Mar 9, 2018

SAN FRANCISCO (Northern California Record) — A federal appeals court is preparing to give San Francisco another shot at enforcing its ordinance requiring large warning labels in sugary drink advertisements. The ordinance is opposed by beverage retailers who allege it violates their First Amendment rights to free speech.

Ninth Circuit panel backs Union Pacific in right of way case

By Erianne Leatherman | Feb 24, 2018

SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit has reinstated counterclaims by Union Pacific Railroad on Feb. 7 centered on its leasing of land under 1,800 miles of its right of way to Santa Fe Pacific Pipeline LP to build a petroleum pipeline.

NBA's Rose asks court for sanctions against accuser

By Justin Stoltzfus | Feb 16, 2018

SAN FRANCISCO -- Near the end of 2016, then New York Knicks guard Derrick Rose was found not guilty of rape in a case brought against him by an unnamed woman. The case was widely covered, including in Sports Illustrated, as a landmark example of sports-related litigation of its kind.

9th Circuit rules Wyland painting doesn't infringe on other artist's copyright

By Angela Underwood | Feb 15, 2018

A federal appeals panel has ruled there was no copyright infringement in a case involving two works of art created 32 years apart.

9th Circuit remands case involving federal and state employment law

By Angela Underwood | Feb 15, 2018

The U.S. Court of Appeals for the 9th Circuit has vacated a district court ruling based on demographic provisions and remanded it to the lower court.

Pipeline serves a 'railroad purpose' as long as railroad operation continues and benefits, 9th Circuit rules

By Karen Kidd | Feb 13, 2018

A pipeline can suffice as a "railroad purpose" under right-of-way rules granted to railroads in the 19th century, as long as the railroad benefits, an appeals court ruled this month.

Climate lawyers hope 'public nuisance' strategy reverses years of failure

By Daniel Fisher | Feb 13, 2018

SAN FRANCISCO (Legal Newsline) - First they tried suing the utility companies. Then they tried suing the automakers. They even tried suing oil companies on behalf of an Alaskan village in danger of being inundated by oil-fueled rising sea levels.

U.S. Ninth Circuit Court of Appeals upholds ruling in prostitution legality case

By David Hutton | Feb 9, 2018

SAN FRANCISCO — The U.S. Ninth Circuit Court of Appeals has upheld a lower court’s ruling rejecting a legal effort by sex workers in California to have the state’s laws against prostitution declared unconstitutional.

Phoney Lawsuits: TCPA plaintiff didn't really want texts to STOP, group claims

By Carrie Salls | Jan 31, 2018

SAN FRANCISCO (Legal Newsline) – A woman who couldn't follow directions to "STOP" receiving text messages shouldn't be allowed to sue over them, a group representing the interests of credit and collections professionals says.

Rimini Street to prosecute pending claims against Oracle after appeals court ruling

By Karen Kidd | Jan 25, 2018

After years and millions of dollars in legal setback, Nevada-based Rimini Street says a mixed appeals court ruling earlier this month marks the beginning of turning around it's largely losing legal defense against Oracle Corporation.

Ninth Circuit upholds ruling that lenders, marketers had no role in unwanted text

By Carrie Salls | Jan 25, 2018

The U.S. Court of Appeals for the Ninth Circuit upheld a federal district court ruling absolving three lenders and two marketing companies from allegations they violated the Telephone Consumer Protection Act in connection with an unsolicited text message sent Dec. 6, 2011, according to a Jan. 10 opinion authored by District Judge Sandra S. Ikuta.

Attorney: California Legislature should take up credit card surcharge ban

By Karen Kidd | Jan 24, 2018

A U.S. Ninth Circuit Court of Appeals ruling earlier this month that California's law banning surcharges for credit card purchases is unconstitutional should prompt the California State Legislature to take another look at the ban, a regulatory enforcement attorney said during a recent interview.

Legality of credit card surcharges affirmed on appeal

By Angela Underwood | Jan 11, 2018

The 9th U.S. Circuit Court of Appeals has affirmed summary judgment for commerce credit card surcharges.

Appeal filed in tracking antitrust suit against Facebook

By David Hutton | Jan 11, 2018

Attorney David Krueger says the case against Facebook has the potential to be precedent-setting as it hits on a lot of hot-button issues facing courts today.

Appeals court rules cosmetology students aren't employees

By Angela Underwood | Jan 11, 2018

The 9th Circuit Court of Appeals has affirmed a district court's ruling that three cosmetology students are not considered employees under the Fair Labor Standards Act.

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