9th Circuit Court

Backdating Class Action Tossed

A federal judge has dismissed a securities class action against Mercury Interactive, but legal troubles are not over for the company and some of its former executives. Judge Jeremy Fogel of San Jose gave the plaintiffs leave to amend the suit against the company, now owned by Hewlett-Packard, the Recorder…

Aug 2, 2007 11:33 AM CDT

Detainee Legal Rights Threatened

A federal judge has found that some Salvadoran detainees aren’t getting access to legal materials, phones and lawyers. Because of those violations, Judge Margaret Morrow of Los Angeles refused to lift a 1988 injunction requiring the government to advise Salvadorans of their rights to apply for legal asylum and to…

Aug 1, 2007 12:05 PM CDT

Justice Defends 9th Circuit

The 9th U.S. Circuit Court of Appeals is known for how frequently its liberal-leaning decisions are reversed by the U.S. Supreme Court. In the last session, the reversal rate was 90 percent. But those statistics can be misleading, according to someone who has a close-up view of the cases: Justice…

Jul 25, 2007 1:31 PM CDT

Panel Would Address Prison Crowding

Two federal judges in California have ordered the creation of a three-judge court to consider reducing inmate populations at crowded state prisons. Judges Thelton Henderson of San Francisco and Lawrence Karlton of Sacramento issued the orders in response to suits claiming prisoner health care has suffered because of the crowded…

Jul 24, 2007 2:41 PM CDT

Bigger En Banc Panels Ditched

The 9th U.S. Circuit Court of Appeals has decided that bigger is not necessarily better. The San Francisco-based federal appeals court had tried using 15-judge en banc panels, but is reverting to its usual 11-judge panels, the National Law Journal reports. The experiment may have been prompted by efforts to…

Jul 24, 2007 1:32 PM CDT

Veterans Sue for Stress Disorder Benefits

Lawyers representing veterans of the conflicts in Iraq and Afghanistan are filing a class action lawsuit claiming the U.S. Department of Veterans Affairs has failed to provide care for post-traumatic stress disorder. Morrison & Foerster and partner Gordon Erspamer are handling the case on a pro bono basis. Erspamer waged…

Jul 23, 2007 7:17 PM CDT

Court Slaps VA

A federal appeals court has upheld a judge’s order requiring the government to pay retroactive benefits to Vietnam veterans suffering from a type of leukemia linked to Agent Orange exposure. The ruling by the 9th U.S. Circuit Court of Appeals yesterday rebuked the Department of Veterans Affairs for its stance…

Jul 20, 2007 5:14 PM CDT

Talk America Fails to Communicate

A federal appeals court is allowing a plaintiff to proceed with his attempt to talk back to Talk America. Plaintiff Joe Douglas may proceed with his class action lawsuit against Talk America because the long-distance company never mailed notice of contract changes that barred such suits, the 9th U.S. Circuit…

Jul 19, 2007 9:06 PM CDT

Camera ‘DNA’ May Nab Potter Bookjacker

Add digital cameras to the ever-lengthening list of modern technology that can be used as evidence to help prove a criminal or civil case. Experts say they have already identified the serial number of the three-year-old digital Canon Rebel 350 apparently used to take bootleg photos of the not-yet-released Harry…

Jul 19, 2007 6:47 PM CDT

Feds to 150 LA Landlords: Evict or Else

A number of government officials in California, including at least one federal judge, have been openly unenthusiastic about helping the feds’ wage an all-out war on drugs as far as medicinal marijuana—which is legal under state law—is concerned. So the feds are trying another tactic. In a recent letter-writing blitz,…

Jul 18, 2007 1:15 AM CDT

Suit Says New Harry Potter Book Heisted

The new Harry Potter book doesn’t officially debut until Saturday. But lawyers are already in court over what appears to be a bootlegged copy whizzing around on the Internet. Photos of what appear to be actual pages of Harry Potter and the Deathly Hallows—with someone’s fingers visibly holding the book…

Jul 17, 2007 10:27 PM CDT

‘Poverty Exception’ Appeal Mulled

Welfare applicants in San Diego are weighing whether to ask the U.S. Supreme Court to hear their suit contending that unannounced searches of their homes violate the Fourth Amendment. The full 9th U.S. Circuit Court of Appeals refused to rehear their case in April, leaving in place a panel ruling…

Jul 16, 2007 1:37 PM CDT

Google Ad Information Sought

A subpoena in a trademark infringement suit seeks information from Google about its sponsored advertising links. Sport Court claims in its suit that a competitor bought “sport court” keywords on Google so its ads would run with search results based on those phrases, the Recorder reports. Sport Court and the…

Jul 16, 2007 12:59 PM CDT

‘Look to Libby’ Plea Loses

A federal judge in San Francisco didn’t give much weight to a former lawyer’s bid for a reduced sentence that cited President Bush’s decision to commute the sentence of an ex-aide. U.S. District Judge Jeffrey White sentenced Troy Ellerman yesterday to 30 months in jail for leaking grand jury transcripts…

Jul 13, 2007 1:04 PM CDT

Suit Targets DEA Pot Claims

A San Francisco federal judge will consider whether an advocacy group has standing to sue the government for spreading misinformation about marijuana. Americans for Safe Access claims a little-used law, the Information Quality Act, requires the Drug Enforcement Administration to refute its earlier claims about the drug, including its assertion…

Jul 12, 2007 12:38 PM CDT