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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Split appeals panel revives big antitrust action vs Sutter Health, says judge wrongly excluded evidence
A dissenting judge said his colleagues rewrote decades of antitrust case law by now requiring juries to consider "anticompetitive purpose," as well as actual effect, while also giving trial lawyers new abilities to argue judges cannot restrict them from introducing previously inapplicable evidence "from the inception of time" -
Appeals court blocks GOP-led states from trying to stop Biden from negotiating away immigration rule
A dissenting judge said the decision is motivated by a desire to ensure the Biden administration and left-wing groups reach a deal that could undermine a rule intended to reduce illegal immigration and prevent the U.S. Supreme Court from entering the legal fight -
Appeals court: CA Supreme Court ruling makes Macy's next retailer unable to escape PAGA class action
A panel of the U.S. Ninth Circuit Court of Appeals said a recent ruling from the California Supreme Court makes it impossible for Macy's to escape a class action under California's controversial Private Attorney General Act, even though the lead plaintiff's "individual claims" must go to arbitration -
Appeals panel: Investors can go after Genius Brands for over-boosting 'Rainbow Rangers'
A federal appeals panel says a L.A. federal judge wrongly tossed a lawsuit against kids TV producer Genius Brands for misleading investors about the prospects for its show "Rainbow Rangers" and for boosting a report that they could be bought by Disney or Netflix -
Meta can't escape class action claiming Facebook 'Potential Reach' for ads misled advertisers
A majority on a split panel of the U.S. Ninth Circuit Court of Appeals said it should only matter that Facebook allegedly inflated the "Potential Reach" of "boosted" ads, not by how much individual advertisers may have been misled, if at all -
Objectors to Sacramento marijuana shop owner residency rule win chance to press constitutional claims
A federal appeals panel ruled that a federal district judge had wrongly attempted to duck the thorny constitutional questions by citing the deep conflict between federal and California state marijuana laws -
Biden administration, left-wing allies 'colluding' to shove court fight over immigration past November, judge says
A federal appeals court judge in San Francisco blasted the Biden administration and his fellow judges for allowing left-wing activists to help the president quietly tuck from public view a court fight over the politically fraught crisis at the southern border -
California can't enforce minor gun ad ban law while court case plays out over speech restrictions
The full U.S. Ninth Circuit Court of Appeals said it won't grant the Attorney General's request for a review of a three-judge panel's decision to slap an injunction on AB2571, which they said amounted to an unconstitutional 'muzzling of speech' -
Appeals court: Lowe's can't escape PAGA class action by enforcing arbitration clause vs lead plaintiff
The U.S. Ninth Circuit Court of Appeals agreed that the California Supreme Court's interpretation of the state's controversial PAGA law holds sway over that of the U.S. Supreme Court -
SF can't enforce ordinance against homeless encampments, appeals panel says, even as SCOTUS ruling looms
A recent federal appellate ruling from the Ninth Circuit means San Francisco won’t be able to clear homeless encampments from city streets, unless the U.S. Supreme Court overturns another case involving homeless encampments. -
Appeals panel revives fraud suit regarding Valeant's Apriso drug patents, says not defeated by 'public disclosure bar'
The lawsuit on behalf of Medicare and Medicaid alleges drugmaker falsely obtained multiple patents and overcharged government customers. The appeals panel says a lawyer who has represented generic drugmakers may have 'stitched together' enough information to back his fraud claims -
Appeals court OKs exploitation class actions against online porn sites
Advocates say the decision could clear the way for others who claim they were exploited to sue foreign online porn operators -
New filing: Broad, bipartisan coalition shows 'exceptional' need for SCOTUS to undo pro-homeless rulings
The U.S. Supreme Court could decide in January whether to hear arguments over Ninth Circuit ruling that critics say has created 'constitutional right' for homeless to camp on streets and in parks, and leaves local governments powerless to retake public spaces -
Appeals court to revisit decision that would have allowed Uber, drivers challenge anti-gig economy law AB5
The U.S. Ninth Circuit Court of Appeals issued an order indicating the full court would review the earlier decision of a three-judge panel that called out California Democratic lawmakers for appearing to craft AB5 to punish Uber and other app-based ridesharing and food delivery companies at the bidding of union allies -
Ninth Circuit says California State Bar is arm of the state, and is shielded from discrimination lawsuit
Mountain View disability attorney alleged the California State Bar had violated disability law by declining to provide him with test-taking accommodations. -
Appeals court strips approval of pesticide EPA, growers say is needed to fight 'devastating' citrus crop diseases
Environmentalists and judges agreed that the EPA needs to conduct more studies to determine if widely-used streptomycin is actually 'practically non-toxic' to bees and other pollinators, as EPA claims, before it can be used to save lemon, lime, orange and grapefruit crops in US from two ravaging bacterial diseases -
Appeals panel agrees with ending lawsuit accusing Shopify of wrongly sharing customer data
U.S. Ninth Circuit opinion says California customer can't sue Canadian payment processor under state law just because the company was involved in processing payments from online transactions. -
Sacramento DA fights on multiple legal fronts to force action to clear homeless encampment 'public nuisance'
As Sacramento has seen a rise in homelessness – up 67 percent since 2019 – the county’s chief prosecutor, Thien Ho, is suing the city over failure to enforce a number of policies that are meant to protect the unhoused and preserve public health and safety. -
Man booted by cops from Hmong festival at CalExpo grounds for Christian evangelism asks appeals court to reexamine if speech rights violated
A petition for rehearing has been filed in the U.S. Ninth Circuit Court of Appeals over whether free speech may be permitted when a public facility is rented for a private event. -
Ruling puts video game developers on blast: Copying dance choreography can get you sued
With a recent federal appeals court ruling that found Fortnite’s developers can be sued by a dancer who claims they ripped off his original choreography for use in the video game, it’s raising questions about the impact on other creators in the gaming industry.