U.S. Court of Appeals for the Ninth Circuit
Recent News About U.S. Court of Appeals for the Ninth Circuit
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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' -
Crypto investor Terpin cleared to sue AT&T for 'SIM swap' hack, $24M crypto theft
A federal appeals panel said AT&T can be sued for allegedly allowing hackers to use a technique known as a "SIM swap" to effectively seize control of the mobile communications of prominent cryptocurrency investor Michael Terpin. Terpin's lawyer hailed the decision as a "major" legal precedent "of national significance." -
Google privacy settlement a $62M windfall for trial lawyers, left-wing groups: Court filings
Twenty GOP state attorneys general have filed a brief in the U.S. Ninth Circuit Court of Appeals in support of a group of objectors, seeking to undo approval of a settlement that would steer most of $62 million from Google to trial lawyers and the ACLU and other groups to advance left-wing social and political causes -
Sacramento won't get new chance for ruling stopping judges from blocking city from clearing encampments
A federal appeals court declined again to review a lower court's now-expired 2023 injunctions blocking the city from clearing homeless encampments in the summer. Some appellate judges, however, said the courts must address a misinterpretation of the Constitution that improperly protects encampments -
Appeals panel: 2020 oil price deal brokered by Trump with Saudis, Russia off limits to court review
A federal appeals panel agreed with oil companies that it needed to shut down a lawsuit accusing energy companies of allegedly colluding to persuade former President Trump to strike an oil production deal with Russia and OPEC to boost the price of oil and gasoline in 2020 -
California violated 1st Amend by trying to force X to turn over info on content moderation: Appeals court
California lawmakers said AB587 only about "transparency," but also hinted the law's reporting requirements could be used to force X Corp. to comply with state desires to censor "hate speech" and other kinds of controversial posts the state may find objectionable -
Appeals court: Christian schools don't need to violate beliefs on sex, gender under Title IX
A federal appeals panel has rejected a lawsuit brought by LGBTQ students who sought to use the First Amendment to end an exemption for religious schools under the federal Title IX sex discrimination law and force them to abide by federal edicts concerning sex and gender in order to receive federal education money -
Disney wants appeals court to rule it has First Amendment right to fire actors over political beliefs
The Walt Disney Company has asked a federal judge for permission to appeal to a federal appeals court over a judge's ruling that actor Gina Carano can continue her lawsuit against Disney for firing her from "The Mandalorian" TV series over political statements Disney said didn't align with its "values" -
Google can't use 'browser agnosticism' to sidestep Chrome users' sync privacy class action
A federal appeals panel says an Oakland federal judge asked the wrong legal questions in deciding that Google could pull the plug on class action lawsuits accusing the tech giant of violating state and federal privacy laws by collecting browsing history and other info about Chrome users, allegedly without consent -
Appeals panel: RFK can't sue Meta for censoring Covid vax posts, because Meta agreed with Biden-Harris admin
A divided federal appeals panel said Meta can't be sued for censoring Facebook posts from vaccine skeptic group, led by Robert F. Kennedy Jr., because Meta partnered with the Biden-Harris administration willingly. A dissenting judge said that reasoning allows a backdoor around the First Amendment -
Appeals panel resurrects class action accusing Bank of America of overcharging ATM fees
Customers say out-of-network machines trigger $5 fee for every balance inquiry instead of $2.50 -
Falconers can continue suing California over permit requiring them to submit to warrantless inspections
A federal appeals panel says a lower court judge was wrong to toss a lawsuit from a group of falconers accusing the state of violating the Fourth Amendment protections against illegal property searches by requiring falconers to agree to "unannounced warrantless inspections" as a condition of their state license