U.S. Court of Appeals for the Ninth Circuit
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9th Circuit revives Lanham Act lawsuit pitting cybersecurity software firms against one another
2-1 opinion holds statements about protective software can be verified and aren't protected opinion -
Appeals panel says Supreme Court ruling doesn't let alleged con artist slip out of $450M restitution
A federal appeals court has refused to let an alleged get-rich-quick operator skate on paying back $450 million to victims, saying a recent U.S. Supreme Court ruling that affects such Federal Trade Commission cases does not affect his. -
Federal appeals panel will give LA cop in shooting death of Albert Dorsey 2nd chance at arguing for qualified immunity from lawsuit
With a new Republican-appointed judge added to a three-member federal appeals panel, the judges have tossed a previous appellate ruling that a Los Angles police officer cannot enjoy qualified immunity against a deadly force suit, agreeing to hear the case again. -
9th Circuit panel: Sen. Warren didn't violate RFK Jr.'s rights by asking Amazon to make it harder to buy his Covid book
Robert F. Kennedy Jr. had argued the Massachusetts senator had violated the First Amendment by writing a letter asking Amazon to change its algorithms to make it harder to find 'The Truth About COVID-19' book -
Appeals panel vacates $48M verdict for Pomona vs mining company SQM over water pollution
The case was sent back to federal district court, with instructions to reconsider how much SQM should pay, but not its liability -
California appeals panel says lawyer's words to boyfriend-client are shielded from other lawyer, ex-lover's $150M suit
An appeals court in California has ruled a lawyer's advice to her client-paramour was protected speech, in a suit that alleged the lawyer used her intimacy with her client to induce him to renege on paying millions of dollars to his former love interest. -
Appeals panel: Amazon can't use arbitration to escape class action accusing of monitoring Flex driver online chats
The class action lawsuit from Amazon Flex drivers accused the 'e-tailer' of spying on off-hours Facebook groups in which drivers discussed work issues, including potential union organizing -
Berkeley, other state, local govts can't use building codes to ban natgas, sidestep federal law
A federal appeals court says the same law that bars cities and states from banning the use of natural gas appliances also extends to blocking building codes that would ban new gas lines -
RJR, others appeal after flavored-tobacco ban upheld
SAN DIEGO (Legal Newsline) - Tobacco companies are appealing a decision that rejected their challenge to California's ban on the flavored products they make. -
California appeals panel says federal suit to collect fee from client's estate doesn't infringe on probate court's authority
A California federal appellate court has ruled an investment advisor's federal suit to collect a $3 million fee from the estate of a client, may proceed because, contrary to the estate's administrators, the suit does not give a federal judge power over a state probate court. -
Ruling vs AB5 means judges should weigh lawmaker bias when deciding if anti-business laws are constitutional, lawyer says
A federal appeals panel ruled California’s AB 5 violates the Equal Protection Clause, as the court determined the law may illegally intentionally target certain kinds of contractors, like Uber drivers, while allowing exemptions for others, demonstrating 'animus' against ride-hailing companies by key Democratic state lawmakers -
Appeals panel: Jehovah's Witness should get chance to argue California Loyalty Oath violates her religious rights
A woman, who is an adherent of the Jehovah's Witnesses faith, says the state Controller's Office discriminated against her on the basis of religion, when it refused to hire her when she declined to sign a Loyalty Oath to the state she said would force her to violate her religious beliefs -
Federal court says San Francisco can force political committees to list their donors on the ads they produce
A federal appeals panel has ruled free speech is not imperiled by a San Francisco ordinance, which requires political ads list financial contributors -
Appeals panel says Twitter not a private enforcer of state 'misinformation' rules, even though user restricted at state's request
A federal court has ruled Twitter and the state of California did not collude to kick a user off Twitter, but rather the social media company's interest in limiting alleged "election misinformation" "aligns" with the state's -
Appeals panel blocks AB51, says anti-arbitration law represents try by state to skirt federal law, prior court rulings
The U.S. Ninth Circuit Court of Appeals said the threat of criminal and civil penalties against employers served to deter employers from forming arbitration agreements with workers, violating federal law -
Website accessibility lawsuits account for large percentage of ADA claims
Even as serial ADA lawsuit claims have faced pushback, case numbers still are climbing, with an estimated 12 percent rise in 2022 compared to the year prior. -
Ninth Circuit asks Cal Supreme Court to decide if French Laundry can win Covid insurance coverage
Exclusive Napa restaurant - cite of infamous Covid-era dinner party that helped spark recall of Gov. Gavin Newsom - is asking courts to order Hartford Insurance to reimburse it for losses suffered under Newsom's Covid shutdown orders -
Ninth Circuit: Alaska Airlines can't ground class action saying airline is illegally not paying pilots on military service
The class action lawsuit asserts federal law requires Alaska Airlines to pay reservist pilots for their time on short-term military service, just as it pays pilots om sick leave, jury duty or bereavement -
Federal appellate court rebukes plaintiff attorneys filing serial ADA suits
The Ninth Circuit U.S. Court of Appeals has recently addressed the number of repeated ADA (Americans with Disabilities Act) lawsuit filings, with a novel repudiation in its unanimous ruling in Shayler v. 1310 PCH LLC. -
Ninth Circuit won't step into lawyer fight over millions from Roundup lawsuits - yet
SAN FRANCISCO (Legal Newsline) - There’s no need to resolve a brewing fight over more than $800 million in fees from Roundup lawsuits, a federal appeals court ruled, rejecting an attempt by plaintiff lawyers in charge of federal multidistrict litigation to collect fees from cases in state court.