9th Circuit Court

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

9th Circuit removes judge who slashed attorney fees from BarBri antitrust class action

A trial judge cannot simply cut by 70 percent the requested $1.9 million attorney fee award in a winning antitrust class action without providing a detailed explanation why he did so, a federal appeals court has ruled. A Wednesday opinion (PDF) by the San Francisco-based 9th U.S. Circuit Court of…

May 12, 2016 2:00 PM CDT

9th Circuit discharges $6K that bankrupt attorney owed ex-client

A suspended California lawyer fighting to get her law practice privileges reinstated has at least one less obstacle to contend with. In a Thursday ruling, a federal appeals court agreed with Marilyn Scheer—who handled the appeal pro se—that a debt of nearly $6,000 she owed a former client for unearned…

Apr 18, 2016 1:30 PM CDT

Lawyer ordered to disgorge $11.4M to former clients loses challenge to consumer bureau’s power

A federal appeals court has upheld the authority of the Consumer Financial Protection Bureau in an appeal by a California lawyer ordered to disgorge $11.4 million he collected from underwater homeowners. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled in a 2-1 decision (PDF) on April 14, the…

Apr 18, 2016 6:15 AM CDT

ABA urges 9th Circuit to nix profits clawback from insolvent law firm’s unfinished business

After an hourly rates client of an insolvent law firm terminates the relationship, can a bankruptcy trustee later claw back some of the future profits earned by the client’s new counsel? After Howrey LLP dissolved in 2011, Chapter 7 trustee Allan Diamond brought this question to court and sued eight…

Apr 11, 2016 3:20 PM CDT

9th Circuit: Jury must decide suit over police dog who bit woman as she slept in her office

A civil rights lawsuit brought by a woman who was bitten by a police dog as she was sleeping in her office one night in 2010 was dismissed by a federal trial court three years later. Granting a summary judgment motion filed by the city of San Diego, the court…

Apr 8, 2016 10:20 AM CDT

Lawyer who filed late appeal showed ‘obstinate incompetence,’ Kozinski says

A well-known federal appeals judge is criticizing a criminal defense lawyer for “obstinate incompetence” in his representation of a murder defendant on appeal. Judge Alex Kozinski criticized lawyer Gregory Mitts while concurring in a decision (PDF) to give Mitts’ client a chance to show he was entitled to pursue a…

Mar 29, 2016 11:00 AM CDT

Fast-track death-penalty appeals get a boost with 9th Circuit standing decision

Justice Department regulations that would allow states to certify capital cases for fast-track habeas appeals can’t be challenged by two organizations that represent death-row inmates, a federal appeals court has ruled. Fast-track appeals are a step closer as a result of the March 23 appellate decision, the Wall Street Journal…

Mar 28, 2016 8:05 AM CDT

Federal judge ‘excoriated and mocked counsel,’ 9th Circuit says; he is booted from a fourth case

A federal judge in Nevada had no jurisdiction to grant a motion for summary judgment after the parties stipulated to dismissal, a federal appeals court has ruled. The judge, Robert Clive Jones of Reno, was tossed from the settled case in a March 2 nonprecedential order (PDF), Trial Insider reports.…

Mar 17, 2016 5:45 AM CDT

ABA urges California governor to grant ‘executive reprieve’ to convicted murderer

Supporting a clemency petition for a man convicted of murdering a California couple, one of their children and a visiting child in 1983, the president of the American Bar Association is urging the state’s governor to grant an “executive reprieve” until his guilt or innocence can be determined. Although Kevin…

Mar 16, 2016 2:30 PM CDT

9th Circuit OKs civil rights suit by man mistakenly jailed on warrant for another man

A federal appeals court has given a green light to a civil rights suit by a man who spent several days in a Los Angeles jail after being mistakenly booked under a warrant for another man. Mario Garcia shared the same first name, last name and birth date with the…

Feb 4, 2016 10:50 AM CST