9th Circuit Court

Species may be called endangered based on projected climate change, 9th Circuit rules

Federal agencies may classify species as threatened based on projected habitat loss due to climate change, the 9th U.S. Circuit Court of Appeals ruled Monday. The ruling came in a challenge to classification of Pacific bearded seals as threatened, according to the Los Angeles Times. The National Marine Fisheries Services…

Oct 25, 2016 3:00 PM CDT

9th Circuit rejects bid for lawyers for child immigrants but calls for a change in the law

The San Francisco-based 9th U.S. Circuit Court of Appeals has dismissed an ambitious lawsuit seeking court-appointed counsel for minors who are in deportation proceedings. J.E.F.M. v. Lynch argued that the minors have due process and statutory rights to counsel in deportation proceedings. Currently, no one of any age is provided…

Sep 21, 2016 2:35 PM CDT

Prohibiting firearm possession for medical marijuana users is reasonable, says 9th Circuit

Individuals with state-issued medical marijuana cards may have debilitating illnesses and be less likely to commit violent crimes, yet Congress reasonably concluded that they should not have access to guns because the use of illegal drugs can lead to irrational or unpredictable behavior, the 9th U.S. Circuit Court of Appeals…

Sep 2, 2016 2:00 PM CDT

Jaycee Dugard can’t sue US parole officials for poor supervision of her kidnapper, 9th Circuit says

Jaycee Dugard can’t sue federal parole officials who failed to report parole violations by the man who later kidnapped her and held her captive for 18 years in a shed outside his California home, a federal appeals court has ruled in a published opinion. The San Francisco-based 9th U.S. Circuit…

Aug 29, 2016 4:53 PM CDT

Company can’t ban employees from pursuing workplace claims as a class, 9th Circuit says

Federal labor law bars companies from requiring employees to give up their right to band together to pursue workplace claims, a federal appeals court has ruled. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 for workers on Monday in an overtime-pay case against Ernst & Young, Reuters,…

Aug 23, 2016 11:16 AM CDT

Feds can’t prosecute medical marijuana defendants complying with state laws, appeals court says

The U.S. Justice Department can’t spend money to prosecute people who are strictly complying with state medical marijuana laws, a federal appeals court has ruled. A ban on such spending contained in a congressional appropriations rider prohibits such prosecutions, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled (PDF)…

Aug 16, 2016 3:28 PM CDT

9th Circuit reinstates investors’ claim against Venable over client’s alleged Facebook scam

A federal appeals court has reinstated a claim against the Venable law firm in a suit by investors who say the law firm’s client scammed them into paying $11.25 million for Facebook shares that didn’t exist. The San Francisco-based 9th U.S. Circuit Court of Appeals reinstated claims by ESG Capital…

Jul 12, 2016 3:07 PM CDT

US must release immigrant kids who cross the border with a parent, 9th Circuit says

A 1997 settlement regarding the treatment of immigrant children who are picked up at the border applies to children traveling with a parent, a federal appeals court has ruled. The decision by the San Francisco-based 9th U.S. Circuit Court of Appeals requires immigration officials to quickly release such children to…

Jul 7, 2016 2:12 PM CDT

Using worker’s password to access info at former workplace is illegal hacking, 9th Circuit says

A federal appeals court has ruled that using a former assistant’s password to access information from a previous employer is hacking that is banned by the Computer Fraud and Abuse Act. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 Tuesday that former Korn/Ferry employee David Nosal violated…

Jul 6, 2016 2:54 PM CDT

9th Circuit judges say little of their thinking at hearing on unfinished law firm business clawbacks

A federal appeals court offered few hints at a Monday hearing about the direction in which members may be leaning concerning the right of a failed law firm, if any, to “claw back” profits from unfinished business taken by a former partner to a new law firm. A U.S. District…

Jun 14, 2016 12:04 PM CDT

9th Circuit upholds sanction against ‘copyright trolling’ lawyers who sued porn downloaders

A federal appeals court has upheld a federal judge’s $81,000 sanction against three lawyers who made millions of dollars by pursuing porn downloaders for minor cases of copyright infringement. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld the sanction imposed against three lawyers who operated Prenda Law: John…

Jun 14, 2016 5:45 AM CDT

En banc 9th Circuit upholds California law requiring ‘good cause’ for concealed carry

In a big win for those who favor gun control, a divided en banc federal appeals court panel on Thursday upheld, against a Second Amendment challenge, a California law restricting concealed-carry permits to individuals who can demonstrate “good cause.” The 7-4 ruling by the 9th U.S. Circuit Court of Appeals…

Jun 10, 2016 9:45 AM CDT

9th Circuit OKs legal fees in failed suit over school bus converted to look like Spanish galleon

A school bus converted to a replica 16th-century Spanish galleon and used to transport attendees, hold weddings and provide a stage for poetry readings at events like Nevada’s Burning Man festival wasn’t a protected artwork under a federal statute. That’s what a federal district court judge decided on summary judgment…

Jun 9, 2016 3:40 PM CDT

9th Circuit strikes copyright suit against Madonna over horn sample in ‘Vogue’

Madonna was sued for plagiarism over her 1990 hit “Vogue.” However, a federal appellate court has sided with the Material Girl after finding that the lawsuit had nothing to it. Reuters, the Los Angeles Times and the Hollywood Reporter’s THR, Esq. blog reported Thursday that a divided three-judge panel for…

Jun 3, 2016 5:15 PM CDT

Second Amendment includes right to buy and sell arms, 9th Circuit says in zoning case

The Second Amendment right to keep and bear arms includes a right to buy and sell guns, a federal appeals court ruled on Monday. The 2-1 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals reinstated a lawsuit challenging a zoning law regulating the location of gun stores,…

May 17, 2016 8:12 AM CDT