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15 Jun 2020, 3:58 am
The question has split the circuit courts with the First and Fourth Circuits answering in the affirmative and the Ninth and Eleventh Circuits answering in the negative –– in other words right now the answer to the question depends on where in the United States the dispute is being litigated. [read post]
3 Jul 2012, 9:46 am
The parties moved for permission to appeal to the Ninth Circuit, which the District Court granted but the Ninth Circuit denied. [read post]
26 Apr 2010, 12:34 pm
The Ninth Circuit Court of Appeals this morning issued its decision in Dukes v. [read post]
5 Sep 2018, 10:06 am
The US Courts of Appeals for the Fifth and Ninth Circuits have previously applied the application approach, whereas the courts below in the case, the Tenth and Eleventh Circuits, applied the certificate approach. [read post]
24 Oct 2011, 8:59 am
In July, the government lost this case in the Ninth Circuit on just this issue and decided not to appeal to the Supreme Court. [read post]
30 Dec 2010, 10:33 am
United States, U.S. [read post]
23 Sep 2008, 11:47 pm
Sept. 9, 2008), the United States Court of Appeals for the Ninth Circuit held that inferring scienter based upon nothing more than defendants’ senior management positions in a company does not satisfy the heightened pleading standards of the Private Securities Litigation Reform Act of 1995 (the “Reform Act”). [read post]
29 May 2012, 8:17 am
The United States Court of Appeals for the Seventh Circuit has held that two pharmaceutical companies did not violate the Fair Labor Standards Act (FLSA) by failing to pay overtime to their sales representatives, concluding that the FLSA’s “administrative exemption” from the statute’s overtime requirements was applicable to these employees. [read post]
1 Jul 2015, 2:48 pm
Chappell, No. 12-55024 (Berzon with Pregerson and Wardlaw) --- In this companion case to Mitchell, argued before the same panel, the Ninth Circuit also vacated and remanded the dismissal of a California state prisoner's § 2254 habeas petition. [read post]
10 Oct 2011, 5:27 am
The Ninth Circuit granted Costco’s request for leave to file an interlocutory appeal, and proceeded to affirm in part, vacate in part, and remand the matter for further proceedings. [read post]
9 Aug 2012, 3:00 am
Each of the three major issues addressed by the Circuit have international practice implications: First, the Court of Appeals affirmed the finding of personal jurisdiction over the non-U.S. parties. [read post]
22 Jul 2018, 9:30 pm
After the government appealed the lower court’s decision, the Ninth Circuit agreed with the plaintiffs. [read post]
14 Apr 2023, 12:30 pm
He arrived at United States Naval Station Guantanamo Bay two years later. [read post]
14 Jun 2010, 4:53 pm
The United States Court of Appeals for the Ninth Circuit agreed that the threshold issue of unconscionability is for a court to decide. [read post]
20 Mar 2017, 9:02 am
Texas appeals court: Maybe. [read post]
7 Jan 2023, 5:13 am
The Federal Trade Commission's antitrust litigation against Qualcomm came to a definitive end almost two years ago when the FTC refrained from seeking Supreme Court review of the first-class acquittal the San Diego chipmaker had won in the United States Court of Appeals for the Ninth Circuit. [read post]
12 Jun 2019, 6:09 am
There's FRAND case law in the U.S., especially in the Ninth Circuit. [read post]
9 May 2017, 6:30 am
There is no word on when the Fourth Circuit will rule, but the Ninth Circuit Appeals Court will hear another challenge to Trump’s Muslim ban on May 15 in Seattle. [read post]
25 Oct 2012, 3:00 am
Chief Judge Kozinski of the United States Court of Appeals for the Ninth Circuit appears to have invented a whole new type of opinion. [read post]
8 Nov 2007, 10:30 am
The government argues that the Ninth Circuit decision effectively deprived the Philippines of the benefit of sovereign immunity, and in the process raised significant foreign policy concerns for the United States. [read post]
