Posts filtered by tags: Ninth Circuit[x]


Exhaustion of Primary Policy Triggers Excess Coverage

    The Ninth Circuit affirmed the district court's ruling that the excess policy was triggered by settlements exhausting the primary policy.  Westport Ins. Corp. v. California Cas. Management Company , 2019 U.S. App. LEXIS 4889 (9th Cir. Feb. 20, 2019).      Doe 1, Doe 2 and Doe 3 filed suit against the insured, Moraga School District, and three of its administrators for alleged sexual abuse by a teacher. The District was insured under primary general liability policies from 1991 through 1997. ...
Tags: Insurance, DOE, Westport, District, Ninth Circuit, Tred Eyerly, Excess Coverage, Allocation, Damon Key, Mark Murakami, Association of California School Administrators, California Casualty, Westport Ins Corp, California Cas Management Company, Moraga School District, Westport Westport

Top US court sides with govt on detaining some immigrants

The US Supreme Court on Tuesday ruled that authorities can detain some immigrants with criminal records at any time, marking a victory for the administration of President Donald Trump and its hard line on migrants. Justices of the country's highest court, which has a conservative majority under Trump, decided by five votes to four against a lower court ruling from California's Ninth Circuit appeals court. In this case, two permanent residents of the US had filed class actions over their arrest...
Tags: News, California, US, Donald Trump, US supreme court, Trump, Ninth Circuit

United States: Will Settling Class Actions Get More Difficult In 2019? - Proskauer Rose LLP

Consumer advocates, defense attorneys, tort reformists, and trial judges are all eagerly awaiting a decision by the Ninth Circuit which all hope will clarify the process
Tags: News, United States, Ninth Circuit, Proskauer Rose LLP

Connecticut high court, PLCAA or no PLCAA, allows Remington suit

Over a dissent from three of its seven justices, the Connecticut Supreme Court has green-lighted a suit over purportedly negligent marketing of the Bushmaster rifle used in the Sandy Hook massacre, even though the firearm in question was never marketed or sold to the killer, who stole it from his mother who had purchased it lawfully long before. To do so, it had to get around a specific federal law (the Protection of Lawful Commerce in Arms Act, or PLCAA) intended to stop exactly this kind of su...
Tags: Law, Congress, Uncategorized, Connecticut, Protection of Lawful Commerce, Ninth Circuit, House Judiciary Committee, Soto, Remington, Kevin Williamson, Stephen Reinhardt, Connecticut Supreme Court, Bushmaster, Protection of Lawful Commerce in Arms Act, PLCAA, Chris Woodyard USA Today

United States: "Judges Are Appointed For Life, Not For Eternity": SCOTUS Rules That Judge's Vote In Equal Pay Case Does Not Count Due To Judge's Passing - Orrick

In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary.
Tags: News, United States, Ninth Circuit, Orrick, Rizo, Yovino

United States: Ninth Circuit Affirms Most Of Jury Verdict In Former GC's SOX Whistleblower Lawsuit - Proskauer Rose LLP

On February 26, 2019, the Ninth Circuit affirmed much of a jury's approximately $11M verdict finding that a former general counsel was discharged in retaliation for reporting alleged Foreign Corrupt
Tags: News, United States, Ninth Circuit, Proskauer Rose LLP

Emergency-Declaration Rebuke Splits Senate GOP

On Thursday afternoon, twelve Republican senators — nearly a fifth of the GOP caucus — joined Senate Democrats to pass a resolution terminating the national emergency declared by President Trump last month in an effort to unilaterally appropriate funds for construction of his long-promised border wall. The 59–41 vote was a rare bipartisan rebuke of Trump, who will now issue the first veto of his presidency in order to preserve the emergency declaration.The Senate GOP dissenters — Lamar Alexander...
Tags: News, Obama, Congress, Senate, White House, Cotton, Gop, United States, Maine, Arkansas, Tennessee, House, Nebraska, Nancy Pelosi, Harry Reid, North Carolina

Appeals Court Doesn't Buy Government's National Security Assertions; Says Lawsuit Against FBI Can Continue (techdirt)

A lawsuit against the FBI for pervasive, unconstitutional surveillance of Muslims can continue after receiving a very key determination from the Ninth Circuit Court of Appeals. At the center of the case are three Muslims who claim the FBI's continuous surveillance -- assisted by an FBI informant -- violated a number of Constitutional protections. The key victory here is the court's overturning of the lower court's ruling on the national security assertions raised by the government in hopes of ...
Tags: News, Congress, Fbi, United States, Fisa, Appeals Court, Executive Branch, Allen, Ninth Circuit, Armstrong, Tim Cushing, Ninth Circuit Court of Appeals, Abdelrahim, FBI Can Continue, Monteilh, house Plaintiffs

Supreme Court Tells Songwriters: “You’ll Have to Wait”

In a further bit of bad news for music creators, the Supreme Court recently ruled that artists who are victims of copyright infringement must wait, in some cases for as long as seven months, before they are able to file they are able to file a lawsuit. _______________________________ Guest post by Stephen Carlisle of NOVA Southeastern University Consider this problem. You’ve just finished recording your latest batch of songs. The very same day they are released, you go online and ...
Tags: Music, Supreme Court, Congress, United States, Guest Post, Ginsberg, Copyright Office, U S Supreme Court, Ninth Circuit, Stephen Carlisle, Eleventh Circuit, Time for Congress, Protection of Literary and Artistic Works Paris, Protection of Literary and Artistic Works, Fourth Estate Public Benefit Corp, Wall Street Com LLC

AHLA Reacts To U.S. Court Of Appeals For The Ninth Circuit Upholding Santa Monica Short-Term Rental Law

The American Hotel & Lodging Association (AHLA) issued the following statement today from President and CEO Chip Rogers in response to the ruling by a three-judge panel of the United States Court of Appeals for the Ninth Circuit defeating Airbnb's appeal to Santa Monica's law regulating short-term rentals:
Tags: Travel, Airbnb, Santa Monica, Ninth Circuit, United States Court of Appeals, American Hotel Lodging Association AHLA, AHLA Reacts To U S Court Of Appeals, Ninth Circuit Upholding Santa Monica, Chip Rogers

United States: Ninth Circuit Holds That Statutes Do Not Constitute "Rules Or Regulations Of The SEC" For Purposes Of Sarbanes-Oxley Act Whistleblower Claims - Sheppard Mullin Richter & Hampton

In Wadler v. Bio-Rad Laboratories, Inc., No. 17-16193, 2019 WL 924827 (9th Cir. Feb. 26, 2019), the United States Court of Appeals for the Ninth Circuit held that statutes
Tags: News, United States, SEC, Hampton, Bio Rad Laboratories Inc, Ninth Circuit, United States Court of Appeals, Mullin Richter, Wadler

United States: If Class Action Litigants Could Turn Back Time (The Text Would Have Said So) - Proskauer Rose LLP

Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)'s 14-day deadline for a losing party
Tags: News, Supreme Court, United States, Ninth Circuit, Proskauer Rose LLP

Throwing tons of money at a problem without a serious solution in sight

“Help the homeless,” urges the Social Security Administration’s website. “SSI can help a homeless person get housing by providing monthly payments. Yet, a person doesn’t need a home to get SSI. Social Security can arrange to give SSI payments to the homeless.” SSI stands for Supplemental Security Income. It’s available to people who have very limited financial resources and are elderly, disabled or blind. For 2019, the maximum monthly amount paid by the federal government to an eligible individu...
Tags: California, Opinion, Los Angeles, Sport, Soccer, City Council, Social Security Administration, Mitchell, Ssi, Boise, Ninth Circuit, Koreatown, McDonald 's, California College, Susan Shelley, Mike Feuer

Supreme Court Requires Completed Copyright Registration Before Filing Suit–Fourth Estate Public Benefit v. Wall-Street (Guest Blog Post)

Guest Blog Post by Tyler Ochoa On March 4, 2019, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v., LLC, No. 17-571, 139 S.Ct. ____, 2019 U.S. LEXIS 1730.  The case involved the interpretation of section 411(a) of the Copyright Act, which provides:  “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.”  The questi...
Tags: Supreme Court, Law, Congress, Court, Copyright, United States, Library Of Congress, Oracle, Slip, Beard, Copyright Office, U S Supreme Court, Roberts, Congressional, Ginsburg, Ninth Circuit

United States: U.S. Supreme Court Vacates And Remands Ninth Circuit's Decision In Equal Pay Case - Littler Mendelson

On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit's decision in Rizo v. Yovino,1 in which it held an employer cannot justify a wage differential between men
Tags: News, United States, Ninth Circuit, United States Supreme Court, Littler Mendelson, Rizo, Yovino

Filtering Software Defeats Another Lawsuit–PC Drivers v. Malwarebytes

Unlike shady software, this is a good PUP. by Anik Shrestha, I blogged about this case in September. PC Drivers makes software that claims to help speed up users’ computers. Malwarebytes blocked it as a “potentially unwanted program,” or PUP. Litigation ensued. In the prior ruling, Malwarebytes won big, but then unexpectedly asked the judge to transfer the litigation from Texas to California rather than close out the case with a judge who already supp...
Tags: Texas, Law, California, Kaspersky, Enigma, Trademark, Malwarebytes, Ninth Circuit, Derivative Liability, Bleeping, Zango, Adware/Spyware, Malwarebytes Inc, Anik Shrestha, PC Drivers Headquarters LP, Malwarebytes Message Board Operator

Court allows blockchain platform to send subpoena seeking info about hacker

Plaintiff provides a blockchain asset trading platform and claims that a hacker broke in and transferred 330,000 Tether and 100 Ether to a Bittrex account. Though Bittrex told plaintiff it had identified the relevant Bittrex account holder, it would not disclose the identity to plaintiff without a court order. So plaintiff filed suit against the John Doe hacker for conversion, violation of the federal Computer Fraud and Abuse Act, and under Washington state law. Since it could not serve the comp...
Tags: Law, Washington, Court, Anonymity, DOE, Blockchain, Fed, John Doe, Ninth Circuit, Electronic Discovery, Bittrex, Columbia Ins Co, ZG TOP Technology Co Ltd

Appeals Court Grants More Legal Protections for Migrants Seeking Asylum

The ruling in the Ninth Circuit found that migrants not permitted to file a full asylum claim may have recourse to the federal courts.
Tags: News, California, Asylum, Deportation, Central America, Trump, Illegal Immigration, American Civil Liberties Union, Ninth Circuit, Donald J, Decisions and Verdicts, Immigration and Emigration, Right of

United States: Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals - Jones Day

The Supreme Court's decision squarely rejects the Ninth Circuit's extension of equitable principles to modify the appeals deadline.
Tags: News, Supreme Court, United States, Ninth Circuit

Federalism in Action

Several states are considering ratification of the ERA. The North Dakota House has taken the opposite tack by voting to rescind its ratification. If adopted by that state's Senate, North Dakota would become the sixth state to rescind with respect to the ERA. While Congress can exercise its non-justiciable authority to ignore these rescissions, my view is that if and when the question comes before Congress the rescissions should be respected.I was struck by the Supreme Court's per curium opinion ...
Tags: Supreme Court, Congress, Senate, Court, North Dakota, Branding, Ninth Circuit, Reinhardt, Gerard N Magliocca, North Dakota House

United States: The Use Of Salary History Still Up In The Air In The Ninth Circuit - Seyfarth Shaw LLP

On technical grounds, the Supreme Court vacated the Ninth Circuit's decision on the use of prior salary to explain pay differences under federal law.
Tags: News, Supreme Court, United States, Ninth Circuit, Ninth Circuit Seyfarth Shaw LLP

March 6 roundup

A longtime progressive objects to the diversity pledge (applying to personal and professional lives alike) soon to be expected of Ontario lawyers and paralegals as a condition of their licenses [Murray Klippenstein with Bruce Pardy, Quillette] More on Cato’s First Amendment challenge to SEC gag-order settlements [Cato Daily Podcast with Clark Neily, Robert McNamara, and Caleb Brown] “Federal judge sanctions lead lawyer in Roundup trial for opening statement ‘misconduct'” [Debra Cassens Weiss...
Tags: Law, Uncategorized, Copyright, Canada, SEC, Securities And Exchange Commission, Ontario, Cato, Ninth Circuit, Sotomayor, CALEB BROWN, Eugene Volokh, Stephen Reinhardt, Paul Levy, Matthew Feeney, Cassens Weiss ABA Journal

Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding a patent case to its docket for next term and declining to review two related cases involving public funding of religious institutions. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Jurist, Erin McCarthy Holliday covers the patent case, Iancu v. NantKwest, which asks whether a federal law allowing a patent applicant to seek review of a patent denial in district court but re...
Tags: Supreme Court, Law, Washington Post, Wall Street, Court, Bloomberg, Ap, Cnn, House, New York Times, New Jersey, Ruth Bader Ginsburg, Los Angeles Times, Round-up, Thomas, Copyright Office

Supreme Court will make historic Clean Water Act ruling

This Fall, the Supreme Court will make a monumental decision on whether the Clean Water Act prohibits groundwater pollution. The upcoming case is in response to a 2018 verdict in Hawaii, which ruled that a wastewater facility needed a Clean Water Act permit to inject treated wastewater into ground wells. The ruling will have national implications about what constitutes direct water pollution with two possible and controversial outcomes: either creating a massive loophole for major polluters or ...
Tags: Usa, Design, Sixth Circuit, Supreme Court, Kentucky, Environment, Court, Policy, Pollution, Hawaii, Earth Justice, Justice Department, South Carolina, Water Pollution, County, Maui

Mediation is the key to better legal logic

Senior Judge Dorothy Wright Nelson of the United States Court of Appeals for the Ninth Circuit, being in the judge business, would be out of a job if it weren’t for jurisprudence. So what’s she doing touting a dispute-resolution alternative that would all but put her and her peers out on the street if fully implemented? I’ve always wondered that about the Honorable Dorothy, now 90 and still keeping office hours at the magnificent former Vista del Arroyo resort hotel on the banks of the Arroyo Se...
Tags: Colorado, Opinion, America, Los Angeles, Sport, Soccer, Arizona, Ellen, Dorothy, Nelson, Southern California, Brown, Board of Education, Los Angeles County, Luke, Ninth Circuit

Friday round-up

At Take Care, Nelson Tebbe and Micah Schwartzman worry that “some liberal justices might refuse to call out th[e] egregious violation of Establishment Clause principles in The American Legion v. American Humanist Association, a challenge to a World War I memorial shaped like a cross on public property, “[i]n an effort to gain concessions or to limit the possible damage that this case might do to decades of Establishment Clause precedent.” Additional commentary comes from Andrew Seidel at Rewire....
Tags: Justice, Supreme Court, Law, Congress, Oregon, Politico, Court, Alabama, Los Angeles, Bloomberg, United States, Idaho, Ford, Liberty, Ruth Bader Ginsburg, Madison

United States: Ninth Circuit: Employers Must Use Separate FCRA & ICRAA Disclosure Forms When Conducting Background Checks - Lewis Brisbois Bisgaard & Smith LLP

Orange County, Ca (February 19) – The Ninth Circuit Court of Appeals recently held in Gilberg v. Cal. Check Cashing Stores, LLC that employers are required to use two separate, standalone
Tags: News, United States, Ninth Circuit, Lewis Brisbois Bisgaard, Smith LLP, Gilberg, Orange County Ca February, The Ninth Circuit Court of Appeals, Cal Check Cashing Stores LLC

United States: "Stand-Alone" REALLY Does Mean Stand-Alone - Ninth Circuit Court Of Appeals Interprets The FCRA - Foley & Lardner

On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean)
Tags: News, United States, U S Court of Appeals, Ninth Circuit, Ninth Circuit Court of Appeals, Lardner, FCRA Foley

United States: Ninth Circuit And California Court Of Appeals Rule On Freedom Of Religion Rights - Sheppard Mullin Richter & Hampton

Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application
Tags: News, United States, Hampton, Ninth Circuit, California Court of Appeals, Mullin Richter