U.S. Court of Appeals for the Ninth Circuit
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SF Sheriff's electronic monitoring program doesn't violate accused criminals' rights, separation of powers, court says
A divided federal appeals panel said a lower court judge was wrong to block the San Francisco Sheriff's office from running an electronic monitoring program that critics said amounted to unconstitutional warrantless searches of criminal defendants. A dissenting judge said the ruling will allow the sheriff to 'coerce' judges -
Appeals court: Chico mom should get new chance to sue school district for secretly transitioning daughter
The U.S. Ninth Circuit Court of Appeals said a Sacramento federal judge was wrong to quickly toss a lawsuit from a mother vs the Chico Unified School District over the district's attempt to "socially" gender transition her 11-year-old daughter without ever telling the mother -
Movie theaters can't be sued for sharing customer purchase info via Facebook
A federal appeals panel said lawyers can't use a federal law regulating video rental and streaming providers to pursue movie theater chains for allegedly improperly sharing customer information with Facebook. -
CHP can be sued after officer misinterpreted man's stroke for drug intoxication, delayed medical care
2-1 appeals ruling holds regardless of underlying reason, officer should've ordered prompt medical attention -
'Middle finger to SCOTUS': Appeals court says ammo magazines aren't 'arms,' so CA ban stands
The liberal majority on the Ninth Circuit Court of Appeals said California's ban on "large capacity magazines" used in semiautomatic weapons doesn't violate the Second Amendment, because the magazines are just "boxes." Other judges said the decision "butchered" the 2A and defied the Supreme Court -
Penn trucking company signs onto petition to challenge California 'Clean Cars' standards
A petition has been filed to challenge a waiver granted by the EPA in the final days of the Biden administration to allow California to proceed with its so-called 'Advanced Clean Cars' emission standards. Those standards automatically control vehicles in many other states -
Appeals court: ClassPass can't use arbitration to escape class action; Dissent: Ruling leaves online biz 'guessing'
The Ninth Circuit rejected an attempt by online gym access pass seller ClassPass to beat a class action through arbitration because its user terms and conditions weren't good enough to show users agreed. A dissenting judge said the decision defies earlier rulings and fosters uncertainty -
Appeals court: SF City Hall, fed judge wrongly crushed workers' religious Covid jab objections
A federal appeals panel has ordered an Oakland federal judge to issue an injunction sought by ex-city workers who say they wrongly lost their jobs for refusing the city's Covid shot mandate for its workers. The appeals panel said the city and a federal judge were wrong to gloss over the workers' 'crisis of conscience' -
LA school district gets new chance to shut down lawsuit over Covid vax mandate
The full Ninth Circuit Court of Appeals tossed out their colleagues' earlier holding that had allowed L.A. public school workers to sue L.A. Unified School District over its Covid shot mandate, because the Covid shots don't prevent infection. LAUSD said the effectiveness of the shot shouldn't matter to the court -
LDS Church defeats bid to force refunds of 'tithes' over mall development
A majority of an 11-member panel of the U.S. Ninth Circuit Court of Appeals said there was no proof Church of Jesus Christ of Latter Day Saints leaders lied to members about how it was funding a mall development project. Other judges on the panel said the lawsuit had serious First Amendment problems -
CA 'teen social media addiction' law remains on hold, for now, court says
A federal appeals panel has blocked California from enforcing its new law restricting teen social media use while it weighs an appeal from social media and tech companies arguing the law is unconstitutional. The state says the law is needed to tame teen social media addiction -
Federal appeals court won't revisit decision upholding CA 'sensitive place' gun carry ban
Dissenting judges warned the decision rested on strained legal reasoning, likely in defiance of the U.S. Supreme Court's holdings on Second Amendment rights and could tee up review and the risk of a loss before the Supreme Court -
Appeals court revives landowner class action vs Humboldt County over using drones in marijuana-related code enforcement
Landowners say fine structure violates Eighth Amendment protections. The appeals court said a McKinleyville federal magistrate judge wrongly tossed the suit by finding the landowners couldn't sue because they hadn't yet paid the tens of thousands of dollars in fines assessed by Humboldt County. -
Appeals court: Idaho can't interpret state abortion restrictions to block doctors from referring abortions
The decision from the U.S. Ninth Circuit Court of Appeals echoed decisions that had struck down a California Covid "misinformation" law, agreeing Idaho's attempt to criminalize out-of-state abortion referrals also would trample doctors' free speech rights to express professional medical opinions -
Retirement plan contributions can be excluded from Chapt 13 income: Appeals panel
A federal appeals court in San Francisco has ruled that contributions to a qualified retirement plan through an employer can be excluded from "disposable income" reported by people seeking to file Chapter 13 bankruptcy -
Grand Canyon University wins appeal over feds' efforts to block return to nonprofit status
One of the country's largest Christian colleges and universities has said it has been the target of a "coordinated" campaign by federal agencies, particularly under President Biden. Federal appeals court judges said the Education Department overreached its authority under the law in denying GCU's application for nonprofit status -
Live Nation can't use 'mass arbitration' rules to beat class action over Ticketmaster fees, appeals court says
The U.S. Ninth Circuit Court of Appeals said a provision in Ticketmaster's user agreement that would force customers with legal claims against the company into so-called 'mass arbitration,' in a bid to ward off trial lawyers' new costly litigation tactics, was 'unconscionable' under California law and could not be saved by federal law -
CA law blocking religious schools from special ed funds violates religious freedom, appeals court says
U.S. Ninth Circuit Appeals Court said California can't show its discrimination vs religious schools is "neutral." Three devout Orthodox Jewish families can continue their suit against the state for allegedly forcing them to choose between their faith and obtaining educational services for their disabled children -
Appeals panel: U.S. can't apply Asylum Transit Rule to illegal immigrants already at the border
A federal appeals court has blocked the Biden administration from forcing illegal immigrants who already were turned away from the border to first apply for "asylum" in Mexico before requesting the same from the U.S. A dissenting judge said the ruling "twists" U.S. asylum law to extend to people who haven't even arrived in the country -
Appeals court: ADA doesn't nix Montana state law blocking 'vax discrimination'
The federal appeals judges said a Montana federal judge overreached in declaring that the Americans with Disabilities Act all but required health care organizations to require workers to be vaccinated against Covid and other communicable diseases to protect 'immunocompromised disabled persons'