9th Circuit Appellate Court, San Francisco
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Attorney: Businesses could expect 'torrent' of lawsuits if high court doesn't review appellate Dynamex decision
SAN FRANCISCO – The future of business across the state of California may be riding on the state Supreme Court’s ruling over a case decided by Dynamex by an appellate court. -
Attorney: Appellate court's decision to apply Dynamex retroactively 'outrageously unfair'
SAN FRANCISCO – California is navigating a legal minefield with state law, the Dynamex decision and exactly what employers are supposed to do moving forward now that a court has ruled Dynamex should be applied retroactively, according to legal observers watching the saga play out in courts. -
9th District affirms states have standing to sue over religious exemption of contraceptive coverage
SAN FRANCISCO – On Dec. 13, the U.S. Court of Appeals for the 9th Circuit affirmed, vacated and remanded an Affordable Care Act case a handful of states filed against a number of federal agencies over regulations that would exempt religious employers from a contraceptive care policy. -
9th Circuit sides with musicians' union in dispute with Paramount over 'Same Kind of Different As Me'
SAN FRANCISCO – The U.S. Court of Appeals for the 9th Circuit sided with a musicians’ organization that sued Paramount Pictures Corp., reversing a lower court’s order, on Sept. 10. -
Appeals court won't dismiss climate change lawsuit against U.S. government; Group suing Exxon supports case
SAN FRANCISCO (Legal Newsline) – The U.S. Court of Appeals for the 9th Circuit has denied the federal government’s motion to dismiss a lawsuit filed by a group of youths who want the government to take stronger actions in fighting climate change. -
Differences of opinion in courts over Equal Pay Act heightens likelihood of U.S. Supreme Court review, attorney says
SAN FRANCISCO – Differences of opinion among different federal courts of appeal makes it likely that a dispute over the interpretation of the Equal Pay Act is likely to make its way to the U.S. Supreme Court with a request for a review. -
Judge affirms dismissal of TCPA lawsuit over patient survey calls
SAN FRANCISCO – A federal judge has affirmed the dismissal of a putative class action lawsuit accusing a California marketing company of violating the Telephone Consumer Protection Act (TCPA) by repeatedly calling a medical group's patients. -
Attorney suing NFL doesn't want to hang around sports bars looking for cheerleaders
SAN FRANCISCO (Legal Newsline) – The NFL says a former San Francisco 49ers cheerleader's multimillion-dollar antitrust lawsuit should stay dismissed, while the attorney for the woman says he should be allowed to review each team's payroll instead of trolling bars outside arenas for potential witnesses. -
9th Circuit seeks answers from D.C. court in bankruptcy case
The U.S. Court of Appeals for the 9th Circuit on Feb. 27 issued an order to stay a case until the District of Columbia Court of Appeals can answer three certified questions the 9th Circuit says will determine how to rule in a bankruptcy case. -
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.