9th Circuit Court

9th Circuit Rules for Bratz Doll Maker MGA, Says It’s Entitled to ‘Sweat Equity’

A federal appeals court has vacated an injunction barring MGA Entertainment from selling Bratz dolls or using the name in a hard-fought infringement and contractual rights case brought by Mattel Inc., the company known for its Barbie dolls. The San Francisco-based 9th U.S. Circuit Court of Appeals said the remedy…

Jul 23, 2010 11:48 AM CDT

ESPN Sportscaster Erin Andrews Sues Hotel Chains Over Stalker’s Secret In-Room Taping

In a lawsuit likely to resonate with other women who travel alone on business, a well-known sportscaster for ESPN sued several hotel chains today in Illinois state court over video footage widely circulated on the Internet in which she is seen in a state of undress while in her room.…

Jul 15, 2010 11:12 PM CDT

9th Circuit Suspends Top PI Lawyer for Fraudulent Briefs

A federal appeals court has suspended prominent California plaintiffs lawyer Walter Lack for filing fraudulent appeals briefs in litigation against Dole Food Co. Lack received a six-month suspension from practice before the San Francisco-based 9th U.S. Circuit Court of Appeals and was ordered to pay $250,000 in sanctions the Recorder…

Jul 14, 2010 1:09 PM CDT

Nonlawyer Bests Toyota’s Counsel in 9th Circuit Trademark Case

Lisa Tabari is not a lawyer. But she took on an auto giant’s corporate lawyers in a trademark dispute and won. A federal appeals court Thursday lifted an injunction barring Tabari and her husband, Farzad, from using the word Lexus in a family-owned business that specializes in connecting would-be Lexus…

Jul 9, 2010 5:00 PM CDT

9th Cir. Reverses Judge’s $25K Attorney’s Fee Sanctions in Winning Discrimination Case

A federal appeals court has reversed $25,000 in attorney’s fee sanctions imposed by a judge on a practitioner who won discrimination cases against FedEx, saying that the lawyer should have been given a chance to defend himself and correct errors. In an unpublished opinion (PDF), the San Francisco-based 9th U.S.…

Jun 22, 2010 9:47 PM CDT

9th Circuit Denies Protection for Not-So-Giant Earthworm

Evidence about the population of the giant Palouse earthworm is limited and inconclusive, according to a federal appeals court. There has been no well-designed study about its population, and no demonstrated threat from development or exotic earthworm predators. As a result, the U.S. Fish and Wildlife Service was justified in…

Jun 16, 2010 2:08 PM CDT

Lawyer Tells 9th Circuit: Detainee’s Suit Against John Yoo Could ‘Open the Floodgate’

A lawyer arguing on behalf of John Yoo told an appellate panel on Monday that the former Justice Department official can’t be liable for his legal advice on national security. Lawyer Miguel Estrada is defending Yoo in a torture lawsuit brought by former detainee Jose Padilla, held for three years…

Jun 15, 2010 3:11 PM CDT

Is Tattoo Artistry Protected by the First Amendment? 9th Circuit to Decide

A tattoo artist who wants to relocate his business to Hermosa Beach, Calif., is asking a federal appeals court to make it possible. Tattooing isn’t allowed under Hermosa Beach’s zoning laws, and tattoo artist Johnny Anderson says the ban is a violation of his First Amendment rights, the Los Angeles…

May 24, 2010 2:06 PM CDT

Co.‘s Effort to ID Web Critic Is Quashed; Posts Were ‘Hyperbolic Opinion,’ Says Fed’l Judge

A federal judge in San Francisco has quashed a subpoena seeking to force Yahoo to provide the Web address for an anonymous online critic of USA Technologies, saying that “Stokklerk” has a constitutional right to post “hyperbolic opinion” about the company anonymously on the Internet. Although the Pennsylvania-based company contends…

May 20, 2010 4:58 PM CDT

A New Bybee Memo Surfaces—on Practices Authorized by Ariz. Immigration Law

The federal appeals judge who once wrote controversial memos for the Justice Department authorizing harsh interrogations of terrorism suspects is back in the news for another memo he wrote, this one on immigration law. The memo by Jay Bybee, now a judge on the San Francisco-based 9th U.S. Circuit Court…

May 18, 2010 12:10 PM CDT

Sued By Chevron for $4M, Lawyer Scores Interim SLAPP Suit Victory in Malicious Prosecution Case

A plaintiff’s lawyer sued for $4 million in damages by Chevron has scored a significant interim victory in the malicious prosecution case, winning a court ruling eliminating a large portion of the company’s complaint on the grounds that it amounts to a strategic lawsuit against public participation under California law.…

May 14, 2010 3:29 AM CDT

Manatt Phelps Is Back on Hot Seat in Big Bucks Malicious Prosecution Suit

A divided California appeals court has revived a malicious prosecution lawsuit against Manatt Phelps & Phillips concerning a 1998 federal trademark dilution and false advertising complaint it filed against the Franklin Mint Co. on behalf of the Diana, Princess of Wales Memorial Fund. That underlying federal case resulted in a…

May 4, 2010 6:39 PM CDT

Con Census

Court OKs voting for felons, sets up circuit conflicts

May 1, 2010 7:45 AM CDT

Lawyers Ask to Exit Toyota Whistle-Blower Case Brought By Former In-House Counsel

Citing a “breakdown in the attorney-client relationship” that has made it “unreasonably difficult” to represent a former Toyota Motor Sales USA in-house counsel in a whistle-blower suit against the embattled automotive manufacturer, lawyer Jeff Allen is seeking to withdraw from the case along with his partner, Joseph Wohrle. The two…

Apr 26, 2010 8:23 PM CDT

Divided 9th Cir. Green Lights Massive Wal-Mart Sex Discrimination Suit

In a 6-5 ruling today, the San Francisco-based 9th U.S. Circuit Court of Appeals gave a green light to a massive 2001 class action suit by female workers of Wal-Mart Stores Inc. that is reportedly the biggest class action suit ever. The plaintiffs can now proceed to trial; Wal-Mart, which…

Apr 26, 2010 7:33 PM CDT