First Thoughts

Ninth Circuit

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Of course, occasionally the Ninth Circuit does get things right...
someone should tell the Ninth Circuit:
The panel decision announcing this result was issued several months ago, but today the full Ninth Circuit declined to review it…
Heightened scrutiny ruling to apply in all 9 states of Ninth Circuit:
Ninth Circuit refuses to rehear case on *** jurors, leaving in place heightened scrutiny for sexual orientation
9th Circuit rules delivery drivers are employees, tho drivers had contractor agreements
Ninth Circuit Overturns Los Angeles' Prohibition on the Use of Vehicles as 'Living Quarters'...
Hurray! On Tuesday June 10, 2014 the California Court of Appeal issued its decision in Marissa Rea v. Blue Shield of California. The Court held that the California Mental Health Parity Act requires Blue Shield to provide all medically necessary treatment for people suffering from severe mental illnesses, including anorexia and bulimia. I argued this case to the Court on March 18th and based on the Court's questioning was afraid they might take a different position than the Ninth Circuit did in Harlick. Fortunately, both the State and Federal Courts are now in agreement on this issue. It's still not smooth sailing though as I suspect Blue Shield will seek review of this decision by the California Supreme Court. Stay tuned.
supports Ninth Circuit's reading of Stern on limits of bankruptcy judges http:/…
On April 5, 1996, the United States Court of Appeals for the Ninth Circuit handed down its ruling in Hickman v. City of Los Angeles. Ray Hickman had argued that the Second Amendment to the U.S. Con...
FANTASTIC NEWS: In response to an earlier post that I had posted on my FB wall, regarding Pennsylvania State Rep. Brian Sims' (D-Phila.) appearance on MSNBC's Hardball, Rep. Sims had just sent me a message, letting me know that he does not think Gov. Tom Corbett (R-PA) will appeal Tuesday's marriage equality ruling to the Third Circuit. If this turns out to be true, then Pennsylvania would become the 19th state to permit marriage equality. For those of you that are familiar with the litigation in both Oregon and Pennsylvania, Oregon differs from Pennsylvania because Gov. Kitzhaber (D-OR) and A.G. Ellen Rosenblum (D-OR) have openly acknowledged that they will not defend Oregon's Measure 36, nor have they, nor is it likely that Oregon state officials will appeal Monday's ruling to the Ninth Circuit & it is for that reason that Oregon has become the 18th state to permit marriage equality. If Rep. Sims is correct and Corbett does not appeal Tuesday's ruling, then Pennsylvania will have become the 19th state t ...
BREAKING: The Ninth Circuit has smacked down the National Organization for Marriage's last-ditch attempt to stop...
BREAKING NEWS: *** marriage now legal in Oregon. Get details of the Oregon ruling, and the Ninth Circuit refusal...
People get ready: Our nutcase opponent has vowed to appeal the judge's order to the Ninth Circuit. First they will have to prove that they have standing to intervene in the case. They are a small out-of-state group and they don't have a snowball's chance.
Opinion analysis: Justices take a lenient view on late copyright suits: A big day for the Ninth Circuit.  For...
Judge struck down the marriage ban, and the Ninth Circuit had a nice slap-down for NOM as part of the deal
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The Ninth Circuit Court of Appeals has just rejected NOM's attempt to block today's forthcoming ruling on marriage equality in Oregon.
BREAKING: Ninth Circuit denies NOM's emergency request for stay in Oregon ruling -
UPDATE: The Ninth Circuit has DENIED NOM's emergency request for a stay in Oregon case:
BREAKING: The Ninth Circuit Court of Appeals DENIES NOM's emergency request to stay district court proceedings!
A federal court judge has just announced it is denying NOM’s request for an emergency stay, even before a federal...
Breaking: The Ninth Circuit DENIES the National Organization for Marriage's request to stay today's ruling. We're almost there, folks!
The Ninth Circuit has DENIED our opponent's motion to stay the marriage equality proceedings.
Oregon: This morning, NOM appealed the court's decision in Geiger v. Kitzhaber not to allow them to intervene and asked the Ninth Circuit to immediately stay proceedings in and/or the judgment of the court in that case while their appeal can be heard. It is clear that this is an attempt to delay marriage in Oregon, as both the plaintiffs and the state agree that the marriage ban is unconstitutional. The plaintiffs and the state have both filed initial responses asking the Ninth Circuit not to implement a temporary stay while they consider NOM's motion. They both indicate that they will file a full response later. The decision in the district court is expected at noon today PT (3pm ET). The motion: initial response: initial response:
Bad news, not unexpected. This morning the National Organization for Marriage filed an appeal with the Ninth Circuit, requesting a stay of today’s marriage equality decision. The Ninth Circuit is the court of appeals for federal cases in Oregon. NOM's appeal makes it more likely (although not certain) that the trial court judge will rule that marriages can't start right away.
Meanwhile, NOM has taken their hateful rhetoric to the Ninth Circuit, in a last ditch desperate attempt to stop marriage equality from taking effect in Oregon. They know, like we do, that if Judge Michael McShane rules in our favor, there will be nobody to appeal his ruling and that marriage equality will arrive in Oregon---for good!!!
OREGON: NOM Files Stay Appeal/Stay Demand With Ninth Circuit Court I'll have the brief shortly...
The extremely rich and fertile Philippine-owned territory of Sabah was not enough. Subsequently, Malaysia seized and occupied one of the islands in the Kalayaan Group and erected military headquarters on it. Expectedly, the cowardly and decadent elitist leaders of the Philippine Government --- some of whom are mentally retarded --- showed no semblance of defiance and continued to treasonably deal with the Federation of Malaysia. This island is oil-rich. Of interest to the readers is the rumor that --- in consideration for not raising any objection on Malaysia’s annexation of Sabah, occupation of an island in the Spratley area (shown on the left page) and Malaysian’s occupation of Mindanao (through proxies) --- GMA, Duresa and Esperon received 25 billion U.S. Dollars from Malaysia, not to mention China’s 34 billion U.S.-dollar gift to GMA which is currently deposited in Hong Kong banks. There are, to be sure, no hard pieces of evidence to confirm these rumors are available. However, the GMA’s my .. ...
The State Sabah, formerly North Borneo, was a territory given as a gift by the Sultan of Brunei to the Sultan of Sulu after the latter helped the Brunei Sultan suppressed an internal rebellion against him. Subsequently, the Sultan of Sulu LEASED North Borneo to a British North Borneo chartered company. Up to now, the heirs of the Sultan of Sulu are receiving a token rent from the Federation of Malaysia. When the British formed the Federation of Malaysia, the former engineered the annexation of North Borneo to the Federation of Malaysia and renamed it Sabah through a plebiscite that was rigged by the West Malaysians (who were mostly of Indian ancestry). The Kadasans and other natives of Sabah, as well as the Tausugs who were in Sabah at the time, voted against the plebiscite but the result of the latter was manipulated in favor of annexation. Understandably, the Malaysians tortured and twisted the meaning of the word “lease” (padjak) to “sell” and, since they have been in physical control of Sabah, ...
Subsequently, some of the Moro recruits for the infiltration and recovery of Sabah were brought to Corrigidor Island where, probably because of a confirmed information that some of the recruits were either traitors or Malaysian operatives, Martelino decided to kill all of the recruits who were mostly Tausugs. Unfortunately, a couple of them jumped into the cliff and survived. One of them was Jibin Arula, who later, because of the headlines made on his daring escape, became a councilor of his town. This was where Ninoy, a very ambitious young man who wanted to be President, came in and exposed what was then known as the “JABIDAH MASSACRE” in the halls of the Old Senate. The Ninoy expose screamed across the headlines and TV screens of a watching world, especially, in Malaysia. However, Malaysia --- then and still run by West Malaysians who are mostly of….. Looking by way of hindsight, the personal conflict and rivalry between Ferdinand Edralin Marcos, Sr. and Benigno Simeon Aquino, Sr. were the main c ...
The Ninth circuit of appeals is a joke...
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In a bold decision striking down San Diego's gun control scheme, the Ninth Circuit defends the Second Amendment right to bear as well as keep arms.
Once again, a politically correct true story is stranger than fiction. The Ninth Circuit Court of Appeals recently ruled that students at Live Oak High School
On May 13, 2014, my office argued to the Ninth Circuit, that due process for a full and fair hearing can exist, as a result of the Board of Immigration Appeals' misconstruction of the evidence in the case, which potentially affect the outcome of the proceedings. We hope to win on this case and we will keep our clients updated.
Another one? The Interior Department’s Takeover of the Timbisha Shoshone Government A previoulsy scheduled Secretarial election was called off because of the protests of the authentic Timbisha leaders, the members of the last legitimately elected Tribal Council. Read the Indian Country Today article about the cancellation of that election: Vote to Change Timbisha Constitution Cancelled, by Gale Courey Toensig, Nov . 20, 2013. The Timbisha Shoshone Tribe, based in Death Valley California, is among those Indian nations enduring an especially long and nasty fight in its dealings with the United States and Bureau of Indian Affairs (BIA) – a 165-year long battle. The latest conflict involves the BIA’s installation of its own so-called government for the Tribe. This takeover of the Timbisha Shoshone Tribe’s government ignores the Tribe’s fundamental right of self-government, the inherent right of the Tribe to decide who is a member of the tribe and how the Tribe will be governed. The BIA is again a .. ...
This Saturday, for the first half of the show, I'll be joined by Diana Tennis, who is running for Circuit Court Judge, Ninth Circuit – Group 32. The show will air tomorrow, May 7 on 1520 WBZW and 1520wbzw.com, and twice on Saturday, 10am-11am and 5pm-6pm on 660 THE ANSWER and 660worl.com. Diana Tennis For Circuit Court Judge
- In a shocking decision, a federal court of appeals – the Ninth Circuit – just ruled that it was acceptable...
San Diego County Sheriff ordered to respond to Ninth Circuit: In the matter of Peruta...
Yeah I mean who would ever want to use their constitution protected God given rights to protect themselves from all the crime in Cali. Who knew? - Rosa In the two months since the U.S. Ninth Court of Appeals struck down the “good cause” requirement in California, law enforcement officials have been “stunned” by the booming rate of concealed carry permit applications. According to The New York Times, in Orange County alone, almost 4,000 residents, eight times the usual number, have applied for a permit. The February 13 ruling by the Ninth Circuit is on appeal and has not been finalized, but Orange County Sheriff Sandra Hutchens is pushing forward without the “good cause” requirement. As a result, there are so many applicants in her county that there is now “a 30-month wait to schedule the required in-person hearing to obtain a permit.” Unless and until the ruling is reversed, Hutchens says “it is the law of the land,” and she is hiring more part-time staff “to handle “the crush of . ...
From Eagle Forum: April 9, 2014 Senator Harry Reid filed cloture last night on one of the most controversial nominations to the Ninth Circuit - Michelle T. Friedland. The vote to invoke cloture and thus end debate will occur on Thursday, so you must call your Senators today and tomorrow and ask them to vote NO. Friedland's advocacy for judicial supremacy renders her unfit to serve on the U.S. Court of Appeals for the Ninth Circuit. Friedland's record indicates a clear disregard for the separation of powers and government by consent of the people. She has written that "There is no independent truth about the content of rights in state constitutions . . . The rights are no more than what enforceable judgments of the state courts say they are." In Friedland's view, there is no room for the people, or the legislatures they elect, to determine the extent and limits of rights. According to her, rights begin and end with judges. Working with this view of judicial authority, Friedland has sought to limit the righ ...
Cal. John B. Owens to be US Circuit Judge for the Ninth Circuit. Sen. Reid filed a Motion to Invoke Cloture on
Judge Kozinski's secret YouTube takedown order sets off fireworks at the Ninth Circuit:
BREAKING NEWS: Today, AFLC filed a petition for en banc (full court) review with the Ninth Circuit, seeking...
BREAKING: Ninth Circuit says Yolo County policy is unconstitutional. Court docs at
Sitting around on this rainy day, I'm a little more depressed than I would normally be under these circumstances. It seems that I can't find one bit or piece of news that gives me any encouragement that America is not in real trouble right now. Putin knows that Obama is full of harmless rhetoric and will invade Ukraine if it pleases him without any fear of consequences, the Ninth Circuit Court of Appeals has reaffirmed that a California School District can ban students from wearing the US Flag on their shirts for fear of offending Mexican-American students, Obamacare is robbing more money from Medicare and our elderly population (as if they're not suffering enough already with the previous cuts), we cutting Military pay and benefits to give more money to illegals, racial tensions are as high as I can ever recall them being in this Country (so much for a Afro-Amer. President), taxes are going up on all levels from property to Federal income, there is a constant attack on Christianity and a demand for exces ...
Heads of big banks sit on the boards of the Federal Reserve, giving themselves bailouts and cut-rate loans at the expense of the taxpayer. he Federal Reserve is also, in fact, not entirely a federal agency. In 1982 the United States Court of Appeals, Ninth Circuit, found[1] that the Federal Reserve banks are actually “independent, privately owned and locally controlled corporations” and “for purposes of the FTCA [Federal Tort Claims Act]”.  The Federal Reserve is largely comprised by the banks that it is meant to regulate. An amendment by Senator Bernie Sanders to the Dodd-Frank Wall Street Reform and Consumer Protection Act resulted in a second audit of the Federal Reserve by the Government Accountability Office (GAO), after which a 120 page report was publicly released.[2] The office of Senator Bernie Sanders produced a shorter summary report on October 19, 2011 entitled “The Sanders Report on the GAO Audit on Major Conflicts of Interest at the Federal Reserve.” [3] The GAO was able to unco ...
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The famed Ninth Circuit betrays Americans as usual.
Oh. Never seen "California Court of Appeals for the Ninth Circuit" used for US District Ct for "Central District of Calif."
- It's the Ninth Circuit, what do you expect? The most liberal court in the land.
Ninth Circuit upholds school's ban on US flag t-shirts: [JURIST] The US Court of Appeals for the Ninth Circuit...
Marcia Paul of DWT quoted in today's New York Times article on the Ninth Circuit's Order to YouTube
"The Los Angeles County Sheriff's Department (LASD) is aware of the Peruta v. San Diego case which addresses the San Diego County Sheriff's Department's concealed weapons permitting policy, and is in the process of conferring with counsel regarding the impact of the decision on the LASD. The LASD will accept applications from all individuals who meet the required criteria and who believe they have good cause for the issuance of a concealed weapons permit. However, the LASD will not make any final decisions with regard to good cause until either: (1) the Peruta decision is withdrawn by a decision to rehear the case in the Ninth Circuit Court of Appeals; (2) a stay is issued by the Ninth Circuit of Appeals or the United States Supreme Court; or (3) the decision becomes final." This was posted by the LASD yesterday...
This Case May Make The Difference The first shoe has dropped in the complicated equal protection part of same-sex marriage litigation, and a good shoe it is. So far, same-sex marriage litigation has been confronted with the constitutional limitations of the Windsor decision and the cases before it on similar subjects authored by Justice Kennedy. The new case is GlaxoSmithKline v. Abbott Laboratories, A Ninth Circuit case decided January 21, 2014. A little background first. For many years, equal protection analysis has begun by a categorization of the class aggrieved. So, for example, race is subject to strict scrutiny, which is basically a legal way to say that such discrimination has no chance and will be struck down. On the other side of the analysis, there has been cases based on wealth or criminal record and these kinds of cases are analyzed using rational basis scrutiny, which means that if there is a rational basis for discrimination, that’s good enough and a legal way to say that the discrim ...
The Second Amendment attorney details the Ninth Circuit decision.
Ninth Circuit: Yes, the Second Amendment still exists
Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public « Hot Air via
SCOTUSBlog highlighted a 127-page ruling yesterday out of the Ninth Circuit, which includes California, reaffirming the Second Amendment. "The amendment means, the panel ruled in a two-to-one decision, that it is unconstitutional to confine the “right to bear” arms solely to the home." I'm glad even generally liberal courts continue to reaffirm the scope of our Second Amendment.
Ninth Circuit holds Second Amendment secures a right to carry a gun
With a major Ninth Circuit victory in California, what does this mean for gun owners in the Golden State and elsewhere? Find out here at Shotgun News.
BREAKING: Ninth Circuit rules that California's "may-issue" CCW carry licensing scheme is unconstitutional -- shall-issue is coming to the Golden State!
“In the wake of the Ninth Circuit ruling in SmithKline Beecham v. Abbott Laboratories, the Governor has recognized that the writing is on the wall, and that arguments seeking to perpetuate discrimination are becoming extremely difficult to justify,” Borelli said. “Denying marriage to same-sex couples serves no legitimate state interest and is intended solely to perpetuate discrimination.”
June 6, 2005 "California's [1996 medical marijuana] law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. After the Drug Enforcement Administration (DEA) seized doctor-prescribed marijuana from a patient's home, a group of medical marijuana users sued the DEA and U.S. Attorney General John Ashcroft in federal district court. [Gonzalez v. Raich, docket no. 03-1454] The medical marijuana users argued the Controlled Substances Act - which Congress passed using its constitutional power to regulate interstate commerce - exceeded Congress' commerce clause power. The district court ruled against the group. The Ninth Circuit Court of Appeals reversed and ruled the CSA unconstitutional... the Ninth Circuit ruled using medical marijuana did not 'substantially affect' interstate commerce and therefore could not be regulated by Congress... In a 6-3 opinion delivered by Justice John Paul Stevens [on June 6, 2005], the Court held that the commerce clause gave Congress au ...
[32] June 25, 2012, the United States Supreme Court denied certiorari, confirming the order of the Ninth Circuit.
Late yesterday, after the Ninth Circuit denied its petition for rehearing, Drakes Bay Oyster Company announced in a statement that it will seek relief in the United States Supreme Court. The oyster farm is fighting for survival after the Department of the Interior refused to renew a permit that
Update - ICR Injunction. Results of the Contempt Hearings. The 9th Circuit Court Report on the Charges of Contempt of the temporary injunction granted to the Institute of Cetacean Research in December 2012. I am pleased to announce that Appellate Commissioner Shaw has issued his Report and Recommendation in the contempt proceeding brought by the institute of Cetacean Research. After weighing the testimony of the witnesses and reviewing the evidence submitted at the hearing, the Commissioner prepared a detailed and carefully reasoned 79 page Report. With regard to the charges of contempt of the 9th Circuit Court Injunction granted to the ICR against the Sea Shepherd Conservation Society USA, its directors, administrative director and myself, the Commissioner wrote that all parties complied with the injunction and took our best measures to comply with the Injunction. The Commissioner’s Report is subject to approval by the Ninth Circuit Court of Appeals. I am optimistic that the Ninth Circuit will agree wi ...
*** Jurors and Marriage Equality: The Common Legal Thread By Ari Ezra Waldman 22-01-2014 Source: Towleroad.com We all know that some of our best marriage equality news of late has come from unexpected places--namely, Utah and Oklahoma. Federal judges in even deeply conservative states are starting to realize the thinness of anti-equality arguments and the long arm of the Supreme Court's decision striking down the Defense of Marriage Act (DOMA) in Windsor v. United States. JuryThe narrative of marriage equality progress is bound up with a recent story out of the Ninth Circuit, in which a three-judge panel of the appellate court found that you cannot exclude a person from a jury simply because that person is *** More to the point, the court not only concluded that discrimination on the basis of sexual orientation demanded heightened scrutiny, but cited Windsor in support! This is big news. Windsor did not really say anything about scrutiny levels; it kept the unclear status quo from Lawrence despite lower . ...
January 20, 2014 4:00 AM A Strike at the Heart of Obamacare A case against IPAB is heard by the Ninth Circuit — and eventually by the Supreme Court? By Quin Hillyer Archive Latest RSS Send . Print Text Comments 80 Conservatives distressed by a major federal court ruling Tuesday in favor of Obamacare should take heart: What might be an even more potent challenge to the law is scheduled for oral argument on January 28. Tuesday’s decision in Halbig v. Sebelius, by D.C. federal-district-court judge Paul Friedman, shoots down (for now) one of several pending challenges to an Internal Revenue Service rule providing insurance-premium subsidies even to residents of states that do not establish insurance “exchanges” under Obamacare. Conservatives have put lots of stock in these challenges, because without the subsidies the entire Patient Protection and Affordable Care Act (PPACA) becomes far less attractive and therefore politically even less sustainable than it already is. While the challenges to the subs ...
So holds today’s Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014) (in which I represented the defendant). To be precise, the Ninth Circuit concludes that all who speak to the public, whether or not they are members of the institutional press, are equally protected by the First Amendment. To qu...
PLR's own Ryan Killian and Zach Tafoya had success at the Ninth Circuit!
Court upholds crackdown on pot dispensaries. "...the Ninth U.S. Circuit Court of Appeals. Without holding a...
Ninth Circuit Court of Appeals affirms dismissal of lawsuits filed on behalf of marijuana dispensaries: In Oct...
THE USC '2006 First Amendment DECISION' - IS SILENCING WHISTLE-BLOWER POLICEMEN OUT OF FEAR. A MAJORITY DON'T UNDERSTAND THEIR First Amendment RIGHT ON 'MATTERS OF PUBLIC CONCERN' BECAUSE IT ISN'T TAUGHT IN THE POLICE ACADEMY!! What is taught and reinforced is Us v. Them which for a Young & Naive citizen, a Rogue citizen, a less than moral citizen, a Racist citizen, an Abusive citizen in uniform is powerful taxpayer sponsored Institutional Protection to abuse others less fortunate, less educated, the marginalized and the poor and get away with it during the Light of day daring other cop witnesses to step forward in uniform without protections; effectively, silencing their speech or risk termination from the dream job with great benefits team! To those witnessing cops: Is it worth it to remain silent when a crime occurred? So, what are concerned citizens going to do about it? Is it someone else's problem until it becomes your problem? Where are black people who are mostly affected by this at on correcting ...
The Ninth Circuit just laid down the law on Cali dispensaries hoping to save their assets. This follows the federal government siege on California two summers ago, a tense time in sunny California. Interesting to note who the big losers are, those who will lose their real estate holdings to federal forfeiture. Before you scream, the federal government has to enforce state law when the state can't or won't. The California Compassionate Act of 1996 clearly stipulated: NON-PROFIT. Were they? Don't make me laugh. Who's still standing? Anybody see Weed Wars? Anybody ever hear of the ASA? Anybody ever hear of the World's Largest Dispensary? Don Duncan, anybody? Let's just say it pays to have friends in high places.
xxx Attension xxx I have a letter where Herb Reed former vocalist of the Platters acknowledges: Personality Production as the management and owners of The Platters. I also have his resignation from the platters singing group. Because he was not happy with Buck Ram's business practices, this is also a 14 day notice dated July, 1969. NOW the Ninth Circuit in Dec. and a few other past decisions. Takes the original business owners "mark" away and awards it to Herb Reed, who is no longer with us, when did Herb Reed feel he was ever entitled to the "mark" Platters.. So you know I had conversations with Herb Reed years ago he never said or indicated he wanted the possession of The Platters name.
Remembering the Roxy Theater on Ninth Street, Cleveland's stop on the burlesque circuit.
Domain squatters may continue to hide their identities through anonymization services in the Ninth Circuit
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January 15, 2014 Greetings, Drakes Bay Oyster Farm Supporters! It has been far too long since we have been in touch. Our New Year’s resolution is to keep you informed more regularly! Today we are writing with good news and bad news. The bad news, as you may have already heard, is that the Ninth Circuit denied our petition requesting a rehearing en banc (in other words, a review by the full court; not entirely surprising, since only a small number of such requests are granted). The good news is that we are not giving up! It’s not over until it’s over, and we are now moving ahead with the process of petitioning the U.S. Supreme Court to hear our case. In the coming weeks, we will have more details about the process, our progress, and how you can help. If you want to do something right away, please call Senator Dianne Feinstein (and/or other elected officials) and ask her to support our cause. You can also contribute to the legal defense fund. In other news, we are updating our websites. We’ve create ...
Ninth Circuit Court of Appeals to Decide Fundamental Right to Use Cannabis as Medicine | California NORML
Ninth Circuit today affirmed dismissal of lawsuit by dispensaries that sought to halt federal enforcement on dispensaries
Cybersquatting is a major problem for large companies that seek to protect the integrity of their businesses.
Key Case Law Updates in the Ninth Circuit - a program put on by the Association of Federal Defense Attorneys (AFDA) …
In a trademark infringement claim involving the vocal group, The Platters, the Ninth Circuit considered whether the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark infringement context.
The ninth circuit United States court of appeals and the United States Supreme Court has turn the United States constitution into a joke We need to turn their *** into a joke and replace all their ***
This morning the Ninth Circuit Court of Appeals denied Drakes Bay Oyster Company's petition for rehearing, and issued an amended opinion in the case which once again upholds the trial court's decision to deny the oyster farm an injunction which would prevent the closure of the farm. The oyster farm
Another interesting article: THE CONFUSED VALUES OF ABORTION – By Chuck Missler China is notorious for its one child policy, in which families face severe fines for having more than one baby, and women have been repeatedly forced to have abortions. Nearly 400 million abortions have been performed in China since the population control policies were enacted during the 1970s, and hearts have been broken as mothers and fathers lose their babies to the brutal forces of the state. In November, the Chinese government relaxed the law to allow couples to have two children if one of the parents is an only child. Even in this atmosphere, there are people who want babies and can’t have them. An obstetrician in China’s northwest Shaanxi Province was recently sentenced to death for tricking new parents out of their babies and selling them–largely to buyers within China itself. Zhang Shuxia was found guilty of trafficking seven babies, but there are suspicions the actual number of newborns sold was much higher. ...
Ninth Circuit declares GoDaddy not contributorily liable for cybersquatting.
Ninth Circuit News: US Courts Issues Warning on Scam Emails - Emails about phony court cases carry computer virus
"Last night’s TUSD board meeting added another element to this epic saga which demonstrates just how complicated...
Silicon Valley employee-poaching case draws closer to trial - Mercury News more
POLICE KILLING PETS. Join Nevada Voters For Animals and State Senator David Parks as we propose a bill in the 2015 legislative session aimed at PREVENTING deadly encounters between police and our pets. According to the producers of Puppycide: The Documentary, "Every 98 minutes, a dog is shot by law enforcement." We are still crafting the language for the NV Dog Protection bill but it will be modeled after the Colorado Dog Protection Act passed in 2013. (are links to recent stories and articles about police killing pets in LV: CIRCUIT COURT DECISION We are so excited about today's 9th Circuit Court of Appeals Opinion in the case of Louisa Thurston v City of North Las Vegas. Thurston's dogs were shot by NLV SWAT while they served a warrant. Significantly, the Ninth Circuit noted that: “At oral argument, the city’s attorney contended that the house had not yet been secured at the time of the shooting, but produced no citation to the record for this assertion. The absence of evidence that the house w ...
blog: Ninth Circuit denies rehearing in case
Ninth Circuit refuses to look at order certifying antitrust by tech employees for anti-poaching conduct
Ninth Circuit oral argument today in Go v. Holder. Is it unlawful to restrict motions to reopen for CAT to changed country conditions?
Statement from Drakes Bay Oyster Company Regarding Denial of En Banc Rehearing The following statement is attributed to Kevin Lunny, owner of Drakes Bay Oyster Company, in response to today’s Ninth Circuit denial of its request for an en banc rehearing. “We believe...
Well, that's interesting! I guess it sounds right; I wonder if they'll re-file in the proper venue. (1) Daimler AG v. Bauman Date Filed: January 14, 2014 Case 11-965 Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment. Full Text Opinion: PROCEDURE: Petitioner is not answerable to a suit in California for injuries which occurred outside of the United States. Respondent alleges that Petitioner worked with state forces to kidnap, detain, torture and murder Petitioner's employees in Argentina. Personal jurisdiction was based on contacts held by a subsidiary of Petitioner in California. The District Court granted Petitioner's motion to dismiss for lack of personal jurisdiction. On appeal, the Ninth Circuit reversed and held that the subsidiary was an agent for jurisdictional purposes which made Petitioner answerable to suit in California. The Supreme Court rever ...
TUSD legal: We don't have the right to appeal so we are asking Ninth Circuit consider this as special case... the...
New TUSD counsel says HT wants to go to Ninth Circuit to challenge Special Master
Wow, HT Sanchez asking the board to appeal the desegregation issue to the Ninth Circuit to stop the Fisher-Mendoza...
Ninth circuit denies rehearing in oyster farm case via
It's past time we take the Ninth Circuit Court of Appeals and send them to Gitmo with the rest of their comrades- throw Obama in too
VICTORY, at least for today.the U.S. Supreme Court announced it will not review a Ninth Circuit Court of...
Ninth Circuit Rejects Oyster Farm's Appeal: The Ninth Circuit Court of Appeals has rejected a request from a...
Ninth Circuit Court refuses to rehear case of oyster farmer fighting to continue operating in Pt Reyes Natl. Seashore. Supreme Court next?
The U.S. Supreme Court today ruled that the Ninth Circuit Court of Appeals had gone too far when it allowed a...
Holt's mother is a federal appeals judge for the ninth circuit. AWESOME.
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On reasonable suspicion, border searches of computers, and "dignity and interests": &
"...decision from the Ninth Circuit Court of Appeals to stand that overturned this law. It is a fundamental..." (6)
Ninth Circuit rejects Drakes Bay Oyster Company's request to overturn previous ruling ordering the farm to close:
Just posted on the Ninth Circuit web site: "Petitioners Drakes Bay Oyster Company and Kevin Lunny’s motion for leave to file a reply brief in support of their petition for rehearing en banc is DENIED."
The Shape of a Hookah Pipe Base is Not Entitled to Copyright Protection, Sez Inhale Inc v. Starbuzz Tobacco:
and good Monday morning to thee. I missed speaking with you last night ... I crave your energy, your spirit. :-}{-: Yes, please I would like two new books, if can do. 1.) Dr. Richard Alan Miller's latest one, and 2.) 'Red', Sammy Hagar's new autobiography. That would be terrific. BIG thanks to Ms. Megan! There's a very powerful, big letter from a professor of law at U.H. in the Sunday Star-Advertiser called, "Sad truth is our prosecutors don't always wear white hats". :-O It's about the abuse and corruption in federal court in the case I told you about the other day, and in lots of cases. It mentions that one of the judges we are going in front of in the Ninth Circuit Court of Appeals said recently, "there is an epidemic" of violations in America of the kind committed by the prosecutor and allowed by Judge Kobayashi last week. Amazing. Let the BIG LIGHT shine! Here's how it ends ... "This is why the failure of Judge Kobayashi and her colleagues on the benches around the country is so troubling. ...
Today, the U.S. Supreme Court chose not to review a case challenging an Arizona law restricting abortion after 20 weeks, which means a Ninth Circuit ruling striking down the law remains in place. Pro-life activists working for 20-week abortion laws may be discouraged by the Court’s refusal to take t...
Arizona's insane abortion law was knocked down by the Ninth Circuit Court of Appeals and the Supreme Court has declined to hear Arizona's idiotic appeal--Thank you Supreme Court!
"The Supreme Court has declined to take up the state of Arizona’s ban on abortion at 20 weeks, continuing a recent streak of reluctance to revisit the core of the abortion issue. The Court’s choice to let that decision stand means that Arizona’s ban, which drew the line two weeks earlier than other states with such bans did, won’t be enforced, nor will a similar one in Idaho, which also falls in the Ninth Circuit."
Wondering if that "deduction" is a legitimate business expense? Carefully consider it as the penalties could be as much as 75% of the tax underpayment if the IRS can prove a tax return was filed fraudulently. Code Sec. 6663(a) imposes a penalty of 75% of the portion of an underpayment which is attributable to fraud. To establish fraud, IRS must prove, by clear and convincing evidence that (1) the taxpayers underpaid their tax for the year, and (2) some part of that underpayment for that year was due to fraud. (Parks, (1990) 94 TC 654) Fraud for this purpose is defined as intentional wrongdoing, with the specific purpose of avoiding a tax believed to be owed. (DiLeo, (1991) 96 TC 858) Although no single factor may necessarily be sufficient to establish fraud, the existence of several indicia may be persuasive circumstantial evidence of fraud. Courts have developed a nonexclusive list of badges of fraud useful in determining whether there is circumstantial evidence of fraudulent intent. Among the badges of ...
Conservatives are eagerly anticipating the Ninth Circuit Court of Appeals’s hearing later this year of a lawsuit, Friedrichs v. California Teachers Association, brought by a group of public school teachers against the state’s powerful union over the collection of dues for political activities. The CTA argues that the teachers can easily opt out of the political portion of their dues, so essentially the dissident teachers have nothing to complain about. The original complaint by the plaintiffs raises serious doubts about that. Under California’s “agency shop” law, teachers are not required to join the union, but are required to pay union dues, as a condition of employment. Of union expenditures, some 65%–by the union’s estimate–is “chargeable,” i.e. related to collective bargaining and not political activity. The only way to opt out of the remaining, ...
3 of 3 people found the following review helpful 5.0 out of 5 stars `Everything you do in this life has its consequences.' January 12, 2014 By Grady Harp HALL OF FAMETOP 50 REVIEWERVINE VOICE Format:Kindle Edition|Amazon Verified Purchase Kenneth Eade may be best known to readers as the author of BLESS THE BEES: THE PENDING EXTINCTION OF OUR POLLINATORS AND WHAT WE CAN DO TO STOP IT, and A BEE, SEE: WHO ARE OUR POLLINATORS AND WHY ARE THEY IN TROUBLE? - two superlative books about his concern for our environment, a topic he takes to the top level in this superb novel. Eade is an international business lawyer, based in Los Angeles, specializing in international law, Internet Law, appeals and complex litigation. He is a member of the Bar of California, the federal District Court for the Central District of California, and the Ninth Circuit Court of Appeal. He holds a Juris Doctor in Law from Southwestern University School of Law, and a B.A. in Liberal Studies from California State University, Northridge. He ...
This article was published in the January 2014 edition of Make-A-Scene Alaska magazine.  Feeling truly blessed By Vic Kohring January 7, 2014 With 2013 having come to a close, I've reflected back on the year and realize how blessed I really am.  Some may look at my recent experiences and wonder how I can be so positive. I lost a close family member to Alzheimer's Disease after a five year struggle. The U.S. Ninth Circuit Court of Appeals ruled against me following the death of my strongest advocate on the panel, Judge Betty Fletcher, who fought for dismissal of the government's bogus conviction.  I did not win my city council race after attempting to make a political comeback.  Despite all of this, I feel good about the year. Most important is that my father is no longer suffering and is with his Lord and Savior. That fact gives my family and I immense comfort. Regarding my legal case, notwithstanding the setback, I'm still pleased with the overall result. I won my original appeal in 2011 and have bee ...
KE/MOATT United States COURT OF APPEALS FOR THE NINTH CIRCUIT JEANETTA CRANEY, Plaintiff - Appellant, v. LORI FUJISHIGE, Employed with Housing Authority of The County of Los Angeles; et al., Defendants - Appellees. No. 13-55541 D.C. No. 2:13-cv-01767-UA-E Central District of California, Los Angeles ORDER Before: GOULD and WATFORD, Circuit Judges. The district court has denied appellant leave to proceed on appeal in forma pauperis. Our review of the record, however, indicates that appellant is entitled to in forma pauperis status for this appeal. See 28 U.S.C. § 1915(a). Accordingly, appellant’s motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. The Clerk shall file the opening brief received on May 3, 2013. Because there is no appearance by appellees, briefing is complete.
Judge Rules that Immigrants in Long-term Lock-up Have Rights By Eunice Lee, Detention Attorney, ACLU, Immigrants' Rights Project at 4:41pm Yesterday, a federal district court in Massachusetts ordered the government to provide Mark Anthony Reid, a U.S. Army veteran who has spent over a year in immigration detention, with the basic due process of an immigration bond hearing. The court held that the government may not detain individuals like Reid for more than six months without a hearing to determine if they need to be imprisoned. The decision in Reid v. Donelan adds to a growing consensus among the federal courts that long-term detention without a bond hearing is unlawful, building upon the ACLU's landmark victory in Rodriguez v. Robbins. In that case, we brought a class-action lawsuit on behalf of long-term immigrant detainees and secured a ruling requiring bond hearings after six months. Our victory benefited thousands of immigrant detainees across the Ninth Circuit, which houses 25 percent of people cur ...
Breast Cancer Awareness
You are Probably Breaking at Least One Law with Your Computer Right Now 1: Digital Millennium Copyright (DMCA) Act Most of you have probably heard of this law by now, signed in 1998 by President Clinton, implementing two World Intellectual Property Organization (WIPO) treaties. The DMCA makes it a criminal offense to circumvent any kind of technological copy protection — even if you don’t violate anyone’s copyright in doing so. In other words, simply disabling the copy protection is a federal crime. There are some exemptions, such as circumventing copy protection of programs that are in an obsolete format for the purpose of archiving or preservation. But in most cases, using any sort of anti-DRM program is illegal. This applies to all sorts of copy-protected files, including music, movies, and software. If you’re a techie who likes the challenge of trying to “crack” DRM, be aware that doing so — even if you don’t make or distribute illegal copies of the copyrighted material – is against ...
In an unfortunate decision, the Ninth Circuit held that current possession is not necessary to turnover of funds in a checking account. Shapiro v. Henson (In re Henson), No. 11-16019 (9th Cir. Jan. 9, 2014). When the debtor filed her chapter 7 petition she had outstanding checks in the amount of ove...
Today the Ninth Circuit published Smith v. U.S. Customs & Border Protection, holding that because the petitioner was never in custody, the Court lacked jurisdiction to consider claims under 28 ...
The Ninth Circuit Court of Appeals will decide on whether citizens in the nine Western states which make up the Ninth Circuit have a fundamental right to possess, use, and distribute cannabis for medical purposes as allowed by state law.
Transcript of Today's Supreme Court Oral Arguments in Mayorkas v. Cuellar de Osorio. As amended by the Child Status Protection Act, the Immigration and Nationality Act has rules for determining whether children who “age out” can obtain immigrant visas as derivative beneficiaries of eligible family members. The question before the Court in this case is whether the statutory provisions allowing the issuance of visas to “aged out” children apply to all family immigrant visa categories or, as the BIA ruled, only some of them. Agreeing with the Ninth Circuit, the families contend that the statute unambiguously allows all “aged out” beneficiaries for family visas to secure visas when the primary applicant does, so that the BIA’s interpretation is unreasonable and undeserving of deference. A bipartisan group of current and former senators who voted for the Child Status Protection Act, including Orrin Hatch (R-Utah), John McCain (R-Arizona), and Charles Schumer (D-NY), filed an amicus brief in sup . ...
Ecuador urged the Ninth Circuit to overturn a decision allowing Chevron Corp
Outpouring of support for DBOC's petition at the Ninth Circuit
Fruit of the Poison Tree: Two Confessions Don't Make it Right - Criminal Law - U.S. Ninth Circuit
Ninth Circuit upholds Barry Bonds' obstruction of justice conviction:
Great ruling for young adults in by the Ninth Circuit Court of Appeals
Despite everything that happened last week, it's nice to see that some judges have the best interests for young...
HAMP MORTGAGE MODIFICATION: Maybe we will be able to force them to honor their promise to modify. More to...
"Ninth Circuit Nominees Face Uncertain Prospects": Scott Graham of The Recorder has this report (registration...
Just in case anyone was worried. - 9th Circuit Rejects Challenge to CA Law Banning "Conversion Therapy"
Finished brushing up Ninth Circuit brief way before deadline. I guess not all litigation has to be deadline driven.
Save up to 45% 0ff MSRP On Streetbike Tires
1st-of-its-kind law banning *** "reparative therapy" ruled NOT to violate First Amendment.
The verdict is in--court upholds foie gras ban!. Today the Ninth Circuit Court of Appeals…
Really interesting First Amendment case on CA's attempt to ban some kinds of *** conversion therapy (as to minors):
Ninth Circuit, doesn't count, will be reversed soon.
Unanimous: Ninth Circuit upholds California ban on “ex *** therapy for minors
NINTH CIRCUIT JUDGE in case suggests changing copyright law is 'problem for Congress.'
The Ninth Circuit Court of Appeals upheld California’s ban on the production and sale of foie gras:
Ninth Circuit affirms the denial of a preliminary injunction against a California law banning the production and...
End goal: get called to the bench of the United States Ninth Circuit Court of Appeal.
On Wednesday, the Court of Appeals for the Ninth Circuit...
Oh, by the way, the activist judges on the Ninth just made documentaries of famous people illegal:
Federal Act "preemption war" reaching an end? Read about the latest ruling on our blog -->
Update on the Remand for Government Misconduct in v. Ryan from the Ninth Circuit: We…
*** !? What is up with the Ninth Circuit Court?.
So this happened: Ninth Circuit appeals court rules that celebrity rights trump free speech rights.
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Obama chooses 3 lawyers from same California firm for vacant seats on 9th Circuit court: The court said in a s...
US Court favors celebrity over 1st amendment.
Hawaii Court to have live video feed of Ninth Circuit Appeals Court hearing.
Ninth Circuit Court holds that state and local governments lack the power to tax permanent improvements
"“The Ninth Circuit has had this in their hands for a while and I find it curious that they wait unt
-STUNNING! Ultra-leftist Ninth Circuit Court of Appeals rules against sanctions on the FBI demanded by Muslim...
Ninth Circuit makes it difficult for disfavored buyers to prove Robinson-Patman claims; shifts risk to
SFBar member Michelle Friedland of nominated to Ninth Circuit Ct of Appeals. Via
The EFF is mad that a college kicker won a case against EA for using his likeness in a video game w/o compensation?
California Supreme Court struck it down, Ninth Circuit upheld, the US Supreme Court says you don't have standing. STFU its over.
The Ninth Circuit's video game rulings "cannot be reconciled with each other or the First Amendment" (by
Obama nominated partners Michelle Friedland, 41, and John Owens, 42, to the Ninth Circuit on Thursday:
The Ninth Circuit rules that celebrities' "rights" to their own fame is more important than free speech.
Ninth Circuit rejects frivolous wage and hour appeals of Nordstrom and Con-Way
Ninth Circuit rules a celebrity's "right to publicity" trumps protected speech in EA case
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Could this ruling on athlete likeness in video games violating right-of-publicity affect film biopics + etc?
let the explain why the keller vs EA court decision sets a very bad precedent that hopefully gets overturned:
Ninth Circuit Court hands a victory to Dish's ad skipping DVR. Great news for consumers and fair use:
Anytime a Ninth Circuit Court decision opens with a quote from Alice in Wonderland, you know you're in for a doozy.
So...a antigay grooup in Arizona is attempting one last gasp effort to get the Ninth Circuit to prevent *** marriages in California. Riight.
This afternoon, supporters of Proposition 8 challenged the Ninth Circuit's lifting of the stay in Perry v. Hollingsworth (Schwarzenegger) as premature. Proponents argue that the 25-day window to request a Supreme Court rehearing renders the Ninth Circuit decision premature. The Prop. 8 proponents, including counsel Andy Pugno, argue: "Suspiciously, the Ninth Circuit's announcement late Friday ordering same-sex marriages came as a surprise, without any warning or notice to Proposition 8's official proponents. However, the same-sex couple plaintiffs in the case, their media teams, San Francisco City Hall, L.A. Mayor Antonio Villaraigosa and the California Attorney General all happened to be in position to perform same-sex marriages just minutes after the Ninth Circuit's "unexpected" announcement." The complaint was filed with SCOTUS Justice and Sacramentan Anthony Kennedy, who is assigned to receive interim petitions in the Ninth Circuit. Interestingly, Kennedy dissented in the opinion on Prop. 8, but wrote ...
"The stay in the above matter is dissolved effective immediately.'' That's it. That is the entirety of the order from the Ninth Circuit issued today in a four page document. The first three pages are dedicated to the cover listing all the parties. As anti-climactic as it may seem, it means that a lot of my friends can now get married. Here. In California! Something tells me it may be a very busy summer for florists and caterers.
Update: Same Sex Marriages are going on now at San Francisco City Hall after the Ninth Circuit dissolves the stay in the Prop 8 case. Details on KRON 4 News at 5:00
As of today, there is no appellate opinion (meaning an opinion issued by a court of appeals) against Prop 8. The Supreme Court refused to issue one, and threw out the only other one (the Ninth Circuit's). There is only a trial court opinion. So every agency in California is legally bound to regard P...
Justice Roberts, writing in the opinion of the Court in the Hollingsworth (Prop 8) decision: "For there to be such a case or controversy, it is not enough that the party invoking the power of the court have a keen interest in the issue. That party must also have “standing,” which requires, among other things, that it have suffered a concrete and particularized injury. Because we find that petitioners do not have standing, we have no authority to decide this case on the merits, and neither did the Ninth Circuit." In other words, the plaintiffs had no right to bring suit because they were not harmed by the district court's decision to allow same-sex marriages. Isn't that what we've been saying all along?
So... according to the officially released document by the supreme court... all prop 8 ever did was to reserve "the official designation of the term 'marriage' for the union of opposite-sex couples as a matter of constitutional state law." Leaving "'all the constitutionally based incidents of marriage,' including the right to have that marriage 'officially recognized' as such by the state... undisturbed." All this hoo-ha is LITERALLY over semantics. A domestic partnership has all “'the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law . . . as are granted to and imposed upon spouses.' Cal. Fam. Code Ann. §297.5(a).” In other words, it, as the Ninth Circuit said, served no purpose “but to impose on *** and *** through the public law, a majority’s private disapproval of them and their relationships.” It never really took away any tangible rights (thus affirming my annoyance at calling it a *** rights" issue), all i ...
SCOTUS has overturned DOMA ie stated that it is substantially unconstitutional. Then they refused to decide on Prop 8 based on a decision that the petitioners had no standing to appeal. They ordered the Ninth Circuit to void their decision and refer it all back to Judge Vaughn Walker's original CA District court decision. That means that Prop 8 is out and that same-sex marriage is in CA has been reinstated.
The decisions are in. Not the best outcome, but far from the worst. Our work to restore a culture of marriage and family goes on, unabated. 1. Defense of Marriage Act is unconstitutional. Decision means the federal government will recognize marriages from states that have legalized same-sex marriage. Goes no further. 2. Proposition Eight lacks standing. The Court says the Ninth Circuit ruled improperly, and tosses their decision. The original district court judge ruling stands. *** marriage is legal in California, but the ruling goes no further. Will post links throughout the day.
“By tracking and recording the movements of millions of individuals the government can use computers to detect pat-terns and develop suspicions. There is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu.We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.” ~ Chief Judge Alex Kozinski. Ringmaster of the Ninth Circuit, dissenting in U.S. v. Juan Pereda-Moreno (PDF file) [and for those professional and amateur legal beagles who are so sure that so-called “metadata” can be seized by our benevolent federal government without any Fourth Amendment implications, please be advised that Justice Scalia and the Supreme Court agree with Chief Judge Kozinski that it does, at least when it concerns GPS tracking data: (PDF file)]
Yep, this isn't your senior partner's Ninth Circuit. Still pretty liberal, but not like the '80s and '90s.
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Who publishes the most majority opinions at the Ninth Circuit? It might not be who you think, sez my story.
“Copyright troll Righthaven finally, completely dead” via Judge Clifton of the Ninth Circuit.
Race - Alonso storms to victory in Spain 12 May 2013 Fernando Alonso drove a perfect race to give his adoring countrymen the result they dreamed of in in Sunday’s Formula 1 Gran Premio de España 2013 at Barcelona. The Spaniard had to bide his time after failing to get past either Nico Rosberg's Mercedes or Sebastian Vettel's Red Bull at the start, though a brilliant lunge around the outside took him by the Lotus of Kimi Raikkonen and then the Mercedes of Lewis Hamilton at Turn 3. Ferrari were the first of the front runners to make the switch from Pirelli’s medium tyre to the hard, first with fifth-placed Felipe Massa on lap eight, then with Alonso one lap later. Rosberg and Vettel stopped on the 10th lap, leaving Esteban Gutierrez temporarily in the lead for Sauber as he had yet to pit, and though Rosberg resumed in second place behind the Swiss car, Alonso was able to slot into third ahead of Vettel. That was Alonso's first crucial move. The next came on lap 13 as he overtook Rosberg. That triggered ...
Ninth Circuit affirms that Righthaven had no standing to sue as a copyright owner | internetcases via
With traditional press and media outlets merging, consolidating or disappearing altogether, there are fewer and fewer reporters covering the courts. Meanwhil...
Ninth Circuit affirms Righthaven had no standing to sue as a mere business model where they did not own copyrights:
Never had standing to sue, Ninth Circuit confirms.
The folks that sued us a few years ago... turns out the ninth circuit agrees with us.
*** Star News takes a look at how *** rights has changed in the US since Obama became the first sitting president to back equal marriage
Ninth Circuit widens circuit split over whether insider-lenders should be recharacterized as equity - Lexology:
_Obama asks Supreme Court not to hear Armenian Genocide-era insurance claims case._ Washington,DC. – The Obama Administration has urged the Supreme Court not to hear the appeal of the Ninth Circuit's 2012 decision striking down a California law extending the statute of limitations on Armenian Genocide-era life insurance claims,reported the Armenian National Committee of America (ANCA). "President Obama, rather than filing a brief based on the merits of this case, chose instead - on the eve of Prime Minister Erdogan's visit to Washington,DC - to send Ankara a political gift by both deepening his Administration's complicity in the denial of the Armenian Genocide and also obstructing justice for American citizens seeking redress through the U.S. courts",said ANCA Executive Director Aram Hamparian. "We will,despite the President's retreat from principle,persevere in the pursuit of the justice owed the Armenian nation". In a 27-page brief submitted to the Supreme Court the U.S. Solicitor General argues that ...
also provides breakdown of all Ninth Circuit judges' opinions, dissents, etc., from 2010-2012,
Kozinski published fewest opinions (25) on Ninth Circuit from 2010-2012; M Smith (73) and Gould (68) most
"At Ninth Circuit, Moderates Do the Talking": Scott Graham of The Recorder has this report.
Bloggers Win Copyright Argument at Ninth Circuit: The Ninth Circuit sided with bloggers in a closely watched c...
Get 6 Free VitaTops
EFF wins appeal by copyright troll Righthaven! The Ninth Circuit has affirmed the decision finding that Righthaven had no right to sue for its campaign to shakedown hundreds of individuals and bloggers for cost-of-defense settlements, effectively ending this breed of troll. (The Ninth Circuit appeal...
Ninth Circuit allows bankruptcy courts to recharacterize loans as equity, applying state law.
The Ninth Circuit appeals court today turned down copyright troll Righthaven’s last ditch effort to salvage its failed business model, upholding the federal district court’s decision to dismiss its bogus copyright case on the grounds that it never actually held the copyrights it was suin
Via~~ Victory! A panel of the Ninth Circuit Court of Appeals today ruled that immigrants who have experienced...
“The Ninth Circuit’s decision clearly rejects the government’s draconian practice of imprisoning immigrants for prolonged periods without meaningful review,” said Deputy Legal Director for the ACLU Foundation of Southern California Ahilan Arulanantham and Senior Staff Attorney at the ACLU Immigrants...
BIG CHANGE: 9th Cir. reverses long-standing precedent; permits debt to be recharacterized as equity. Our analysis:
Jared Dalen Bill of temporary privileges was enacted AFTER 1868. This is because of FEDERAL citizenship that was created. Check this court case from 2009. Pay specific attention to the second paragraph in regulars to the 2nd Amendment... Very telling quote regarding the 2nd Amendment "right". "This necessary "right of the people" existed before the Second Amendment as "one of the fundamental rights of Englishmen." Id. at 2797-98. Heller identified several reasons why the militia was considered "necessary to the security of a free state." First, "it is useful in repelling invasions and suppressing insurrections. Second, it renders large standing armies unnecessary. Third, when the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny." Id. at 2800-01. In addition to these civic purposes, Heller characterized the right to keep and bear arms as a corollary to the individual right of self-defense. Id. at 2817 ("[T]he inherent right of self-defense has been centr ...
A big win for freedom of speech, as I see it. In Righthaven v. Hoehn, the Ninth Circuit has added one more hurdle to prevent copyright trollers - requiring copyright ownership before one can have standing to sue. Righthaven was a copyright-enforcement business that used copyrights of others to sue for infringement. Just one more step to prevent IP trolls from defeating the Internet. - Posted by Professor Matt Bycer
*** under our constution i thought that was the JURY'S decision. oh WAIT he's NEVER been charged! let alone faced the constutionally REQUIRED jury of his peers!
In one district court, currently stayed, and probably facing appeal? Yeah, those. I do hope the Ninth Circuit upholds the ruling.
U.S. Court of Appeals, Ninth Circuit - Other Statutes - Freedom of Information Act - David White v. Department of Defense - Justia Federal Dockets and Filings
Denison Mines Corp., a Canadian corporation has submitted water and air quality permit applications to the Arizona Department of Environmental Quality
Welcome to the Eric DuBois Campaign Website for Circuit Court Judge in the Ninth Judicial Circuit of Florida, Group 10. Attorney Eric DuBois's Campaign Website contains information about his qualifications and experience, and those who have been generous in their endorsement of Eric DuBois's campaig...
Last summer, Craigslist filed a federal lawsuit against the company Padmapper (and some related entities). Padmapper.com is a site that, among other things, allows users to view Craigslist postings on a geographical map. It is a business premised on providing value added services to Craigslist postings -- with some of that added value going back to Craigslist in the form of more users. Craigslist did not like this, and alleged a host of claims -- seventeen of them, by the time they were done with the "First Amended Complaint" (FAC). Among their claims were alleged violations of copyright, trademark, breach of contract, and -- surprisingly -- Computer Fraud and Abuse Act (CFAA). The CFAA claims were not in the original complaint (they showed up only in the September 2012 FAC). Today, the judge ruled that some of the claims would be dismissed, but that many would survive. I am still at a loss about why Craigslist is taking such a scorched earth tactic against a site that appears to help more people find Cra ...
CAUTION CHURCH AHEAD: How the Catholic Church could have won the battle over marriage
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This post focuses on a recent Ninth Circuit decision addressing whether reliance on an accountant's advice is a defense to a delinquency penalty.
Why have the National Park Service and Department of the Interior been so silent here? Congressman Tom Cole is on the appropriations and budget committees. If he wanted to, he could help make this happen. His local phone number is (405) 329-6500.
Last month, an environmental organization testing the bounds of the reach of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA) ran into a brick wall wooden pole when t...
The answer to this question depends greatly on what is meant by “conclusive” proof. Can we reach out and touch God or see Him in the same way that we touch and see people? No. But there are countless ways one can know assuredly that God does exist, that He is real, and He is who He says He is. We will look briefly at three ways of proving His existence using both science and the Bible. 1. The Law of Cause and Effect. This law of science states that every cause has its effect and every effect has its cause. This law is the basis of all science. As such, this law bears a relationship to the origin of the heavens and the earth. In fact, scientists agree that the universe has not existed forever, that it had a beginning at some point in time. The theory of relativity, which is almost universally accepted among scientists, has certain implications for this Law of Cause and Effect. One is that the universe, defined as time, space, matter, and physical energy had a beginning, that it is not eternal. And it i ...
At Ninth Circuit Court of Appeals hearing on Packed courtroom. Brings back fond memories of when I clerked for the Ninth Circuit.
New blog post: Ninth Circuit Emphasizes Need for an Insurer to Have a Meaningful Dialogue With the Claimant Wh...
Ninth Circuit Court of Appeals Upholds Caltrans Equal Opportunity Program - see by for background
Ninth Circuit Trims Corruption Case, Citing 'Skilling': A federal appeals court has tossed out most...
Circuit is the ninth collection by way of jelena karleuЕЎa, dead and gone forward-looking 2176 tail a three-ye... 469343
Handed down yesterday, a new Ninth Circuit case on the good faith exception in the Stored Communications Act:
John Towery, who worked for the US military and infiltrated peace groups The Ninth Circuit Court of Appeals ruled…
Ninth Circuit: mobile providers are not illegal file-sharing networks - Lexology...
Dismissal of Sams v. Yahoo! affirmed by Ninth Circuit Court of Appeals..
Ninth Circuit ducks question of arbitrability of California injunctive relief claims.
Americans for Forfeiture Reform will be represented pro bono by the Minnesota law firm of Robins, Kaplan, Miller &...
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Ah, yes, per the seminal case of the Ninth Circuit of Anacondas declining jurisdiction for lack of buns, hon.
Vettel did not complete a timed lap, but did more tours round the circuit than Hulkenberg, hence why they are ninth and 10th.
The opinion on my moot court from last semester is out. SCOTUS unanimously agrees with me and reverses the Ninth Circuit.
Federal court: 'Reasonable suspicion' required for forensic laptop ...: The Ninth Circuit Court of Appeals said 'reasonable suspicion...
Ninth Circuit Rules Reasonable Suspicion of Criminal Activity Required for Forensic Exam of Electronics at Borders
Ninth Circuit upholds ruling for Veoh in case:
Important case: no border search of electronics without reasonable suspicion
Let’s hope they uphold the ruling from the Ninth Circuit.
Ninth Circuit Finds Car May Be Exempted as Wildcard or as Tool of Trade - In re Garcia
[Blog Post] Ninth Circuit notices that we still have some constitutional rights, holding that rights exist at ...
As a batting average, .180 ain't very good. It's also just about the way the Ninth Circuit of the U.S. Court of Ap
Ninth Circuit sides with Veoh in UMG v Veoh appeal (updated)
About to dig in to U.S. v. Cotterman (on digital searches at the border) tl;dr for lawyers
he's conviction was overturned by Ninth Circuit Court of Appeals he was pardoned by clinton during the retry,he wasn't sentenced
Name.Space takes lawsuit to the Court of Appeals for the Ninth Circuit (see March 14th doc)
Little Giant Ladders
Lawsuit against Randy Shaw and Tenderloin Housing Clinic moves to Ninth Circuit
Circuit is the ninth police blotter all through jelena karleuЕЎa, in the clear passage 6956 according to strai... 043982
YES! Unless the Ninth Circuit reverses, National Security Letters are dead in June!
Ninth Circuit Reverses Death Sentence Because of Unconstitutional Actions of Police Officer and Prosecution -
Well, something like 70% of all SCT decisions are reversals. Probably more from Ninth Circuit.
Vía : "Ninth Circuit Limits Search of Electronic Devices at U.S. Borders" > (
Reason number 1776 why I oppose the death penalty.
True, although behind every entertaining Ninth Circuit decision there's a cert petition waiting to be filed.
Worth noting the 90 day stay on the NSL ban so the gov can appeal in the Ninth Circuit. During which they'll issue ALL THE NSLs!
LA hotel registry law will get en banc treatment by Ninth Circuit. 81 USLW 1233 (order)
Ninth Circuit upholds conviction for publication of misleading clinical trial results -
Ninth Circuit rejects Universal Music Group's challenges on why video-sharing site didn't qualify for safe harbor
Ninth Circuit: musical's use of 7 second Ed Sullivan show clip is use.
Ninth Circuit blocks day laborer provision of Arizona immigration law
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