Washington About Blog This blog particularly focuses on Washington State and
9th Circuit court decisions and the rulings of the Washington Public Employees Relations Commission.
Washington About Blog This blog particularly focuses on Washington State and
9th Circuit court decisions and the rulings of the Washington Public Employees Relations Commission.
Washington About Blog This blog particularly focuses on Washington State and
9th Circuit court decisions and the rulings of the Washington Public Employees Relations Commission.
The supplement provides access to the articles of the journal, as well as to case reviews of
9th Circuit court decisions and to comments.
This blog particularly focuses on Washington State and
9th Circuit court decisions and the rulings of the Washington Public Employees Relations Commission.
Washington About Blog This blog particularly focuses on Washington State and
9th Circuit court decisions and the rulings of the Washington Public Employees Relations Commission.
Washington About Blog This blog particularly focuses on Washington State and
9th Circuit court decisions and the rulings of the Washington Public Employees Relations Commission.
The court's conservative justices said they were inclined to reverse
a 9th Circuit Court decision requiring immigration judges to give a bond hearing and consider possible release for noncitizens who have been jailed for more than six months, while the liberal justices sounded unsure as to whether a specific time limit can be upheld.
Attorneys for Zillow filed a motion late last week asking the judge to grant summary judgment in its favor as a matter of law — referring to a recent
9th Circuit Court decision in the case Perfect 10 Inc. v. Giganews Inc. — before the jury is permitted to issue a verdict.
Not exact matches
The filing also argues that the
9th Circuit made the test for defeating a trademark too strict, and that it should — based on an older
decision by a different appeals
court — instead have simply looked at how most people use the word in question.
Acknowledging the major commercial consequences of his
decision, Wu said he would allow an immediate appeal to the
9th U.S.
Circuit Court of Appeals.
The
9th Circuit Court of Appeals has predictably upheld the district court decision declaring California's Proposition 8 inv
Court of Appeals has predictably upheld the district
court decision declaring California's Proposition 8 inv
court decision declaring California's Proposition 8 invalid.
However, the travel ban, which is currently on hold because of a
decision by the federal
9th Circuit Court of Appeals, has other elected officials in the county, specifically Democrats, worried about Astorino's support for the ban and that it does in fact unfairly target Muslims.
The case has been argued and is awaiting
decision from the
9th U.S.
Circuit Court of Appeals.
While it still reversed the district
court dismissal and remanded the case back to the court, in its most recent decision, the 9th Circuit based its discussion on the U.S. Supreme Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diver
court dismissal and remanded the case back to the
court, in its most recent decision, the 9th Circuit based its discussion on the U.S. Supreme Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diver
court, in its most recent
decision, the
9th Circuit based its discussion on the U.S. Supreme
Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diver
Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diversify.
To the extent that the Amgen defendants were arguing that the Supreme
Court decision established new standards of liability to be considered, the
9th Circuit noted that it had already considered in its previous case that fiduciaries are not required to perform an act that would do more harm than good to retirement plan participants.
In a
decision that strikes a blow against the federal government's controversial practice of excluding industry from consent decrees with environmental citizen groups, a practice known as «sue - and - settle,» the U.S.
Court of Appeals for the Ninth Circuit overturned the district court's approval of a consent decree between a coalition of environmental groups and several federal agencies in Conservation Northwest v. Sherman, No. 11 - 35729 (9th
Court of Appeals for the Ninth
Circuit overturned the district
court's approval of a consent decree between a coalition of environmental groups and several federal agencies in Conservation Northwest v. Sherman, No. 11 - 35729 (9th
court's approval of a consent decree between a coalition of environmental groups and several federal agencies in Conservation Northwest v. Sherman, No. 11 - 35729 (
9th Cir.
The ruling allows ARB to appeal Judge O'Neill's
decision immediately to the US
Court of Appeals for the
9th Circuit.
California must assert its right to regulate industrial hemp as permitted by the U.S. Constitution, the U.S. Congress and the 2004
9th U.S.
Circuit Court decision in HIA v. DEA.
A
9th U.S.
Circuit Court of Appeals decision is pending on whether to uphold U.S. District Court for the Northern District of California Judge Vince Chhabria's order sending those suits back to state court from federal c
Court of Appeals
decision is pending on whether to uphold U.S. District
Court for the Northern District of California Judge Vince Chhabria's order sending those suits back to state court from federal c
Court for the Northern District of California Judge Vince Chhabria's order sending those suits back to state
court from federal c
court from federal
courtcourt.
If the
Court chooses to reverse the
9th Circuit's
decision in Raich, then McCoy (CA9), Stewart (CA9) and Maxwell (CA11) will certainly be reversed...
Yesterday, the Law Memo blog posted a link to a
9th Circuit decision, Pollard v. GEO Group, holding — contrary to what other
courts of appeals have ruled — that federal prison inmates may recover damages under the Bivens doctrine from employees of private corporations running those prisons pursuant to contracts with the Bureau of Prisons.
In that case, there is no ITC - specific argument: Motorola can just say that a district
court decision from a different
circuit (7th Circuit) shouldn't matter in Seattle (9th Circuit)-- but Judge Posner's FRAND thinking will be taken very seriously there, I'
circuit (7th
Circuit) shouldn't matter in Seattle (9th Circuit)-- but Judge Posner's FRAND thinking will be taken very seriously there, I'
Circuit) shouldn't matter in Seattle (
9th Circuit)-- but Judge Posner's FRAND thinking will be taken very seriously there, I'
Circuit)-- but Judge Posner's FRAND thinking will be taken very seriously there, I'm sure.
Relying on
decisions from the
9th and 10th
circuits, the 8th
Circuit held that because the proceeding involved a nonparty and the main action was pending in another district, the district
court's order was immediately reviewable under the collateral order doctrine.
And in a 2009
9th Circuit decision (Norwood v. Vance), the debate over a jury instruction using the word «deference» inspired the
court to note that «deference» is a common English word, and is «not Urdu or Klingon.»
It is interesting that the
court granted review in the last of these questions because it was not the basis of the 9th Circuit decision now being reviewed by the Supreme C
court granted review in the last of these questions because it was not the basis of the
9th Circuit decision now being reviewed by the Supreme
CourtCourt.
The
9th Circuit upheld the Hawaii federal district
court decision, focusing primarily on a federal statute that bars discrimination in issuing visas based on national origin or country of residence and also on separation of powers considerations.
Court Rejects Actor's Copyright Claim This week, the
9th Circuit Court of Appeals in the United States issued an en banc
decision reversing an earlier
decision restraining YouTube from displaying the controversial film Innocence of Muslims.
If you only need to know about
decisions from the California Supreme
Court and the
9th Circuit, you can frame your search accordingly.
What's interesting, however, is that what may have finally nudged the Supreme
Court to accept review of Stoneridge isn't the split between the 8th and
9th Circuits alone but, rather, a recently issued 5th
Circuit decision in an Enron - related case.
The bankruptcy
court agreed, and the
9th Circuit, in a Feb. 27
decision, affirmed.
San Francisco's
9th Circuit Court of Appeals cited Bellesiles» research in its
decision Silveira v. Lockyer, Dec. 5, 2002, which ruled that the Second Amendment established a collective, not an individual, right to «keep and bear arms.»
These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (
9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (
9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state
court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the
9th Circuit's
decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in
court wearing buttons with the deceased's picture on them.
Today is Equal Pay Day, and it follows yesterday's
decision from the
9th Circuit Court of Appeals in Rizo v. Yovino, which ruled that employers can not rely on employees» past salaries to justify paying women less than men.
Here's why: Litigator, law writing prof and recovering broadcast journalist Williams read the
9th Circuit Court's
decision to reverse immigration judge Nathan Gordon's
decision in a case called de Leon v. Gonzales.
When von Schoenebeck re-filed in California, KLM immediately moved to dismiss for untimeliness, which was granted by a US District
Court in San Francisco and affirmed by a split 2 - 1
decision in the
9th Circuit Court of Appeals.
Now here's something you don't see every day: A criminal challenging an unfavorable
decision of the
9th Circuit and the Supreme
Court granting cert.
The district
court can still go on to issue its final
decision, and even if it's in line with SCOTUS as it must be, then surely the losing side can appeal that to the
9th circuit and then do we go back to SCOTUS a second time for the final ruling?
In a split
decision, the
9th Circuit upheld the District
Court's ruling.