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22 May 2010, 6:55 am
The bankruptcy court and the Bankruptcy Appellate Panel agreed with Ford.[21] The Ninth Circuit Court of Appeals affirmed, expressly reversing In re Parker.[22] The Court of Appeals made plain that debtors in chapter 7 proceedings are no longer able to maintain secured property and avoid liability for pre-petition debt when the debtor makes no effort to reaffirm the debt pursuant to the revised sections 362 and 521. [read post]
19 May 2010, 10:17 am
" Several years into the case, MBNA renewed its previously rejected preemption motion based on the Ninth Circuit's holding in Rose v. [read post]
15 May 2010, 1:00 pm
photo: OldOnliner On January 11, 2010 the Ninth Circuit Court of Appeals, which covers neighboring states like Arizona, Nevada and Idaho & has influence over what the Tenth Circuit Court of Appeals (which governs Utah Federal caselaw) ruled on the case of the US v. [read post]
14 May 2010, 11:09 am
United States District Court Judge Claudia Wilken (Northern District of California) has already been gifted with the privilege of considering whether Stolt-Nielsen S. [read post]
11 May 2010, 3:45 pm
United States). [read post]
11 May 2010, 5:00 am
On April 21, 2010, the Ninth Circuit handed down a new CAFA opinion, United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC v. [read post]
10 May 2010, 9:58 pm
In it, the Ninth Circuit Court of Appeals struck down a California law which prohibited the sale or rental of “violent video games” to minors. [read post]
7 May 2010, 12:21 pm
Apr. 14, 2010), the Ninth Circuit held that the FDCA, which prohibits private enforcement of its provisions, bars a medical device manufacturer’s claim under the Lanham Act. [read post]
5 May 2010, 6:35 pm
Court of Appeals for the Ninth Circuit is in motion and questions have been raised as to why Prof. [read post]
4 May 2010, 5:50 pm
I’m embarrassingly late in reporting on them, but I would be remiss if I did not mention two key recent United States Circuit Courts of Appeals decisions addressing the legal standards governing class certification under FRCP 23: In American Honda Motor Co. v. [read post]
4 May 2010, 4:02 pm
” The Court distinguished Carlson, on which the Ninth Circuit relied below, explaining that there are two distinct questions under Bivens. [read post]
4 May 2010, 12:06 pm
Hewitt is admitted to practice before the state courts of California, United States District Court for the Northern District of California, United States Court of Appeals for the Ninth Circuit, United States Claims Court, and the United States Supreme Court, and is a member in good standing with the State Bar of California. … [read post]
4 May 2010, 11:40 am
However, on appeal, the Ninth Circuit reversed, accepting Omega's argument and Ninth Circuit precedent that the phrase "lawfully made under this title" "grants first sale protection only to copies legally made and sold in the United States. [read post]
3 May 2010, 12:44 pm
Message by BSALegal.org on 5/3/2010 EST Boy Scouts of America is grateful that the Supreme Court of the United States considered hearing an appeal from the United States Court of Appeals for the Ninth Circuit in Barnes-Wallace v. [read post]
3 May 2010, 5:00 am
This post is about a recent decision from the Arizona Court of Appeals: State v. [read post]
1 May 2010, 12:03 pm
Chen's parents paid large sums to keep him school until he was 17, when he left China for the United States and applied for asylum. [read post]
29 Apr 2010, 9:24 am
Never shy about dancing to the beat of its own drum, in a sharply split 6-5 en banc decision, the United States Court of Appeals for the Ninth Circuit affirmed the certification of one of the largest classes in history. [read post]
28 Apr 2010, 4:39 pm
The employers appealed, and the Ninth Circuit reversed:Defendants removed this putative class action from state court pursuant to the Class Action Fairness Act of 2005 (CAFA),FN1 28 U.S.C. [read post]
28 Apr 2010, 11:32 am
Further, the 9th Circuit Court of Appeals is not only the largest of the Circuit Courts of Appeal; it also the most frequently reversed Circuit Court of Appeals. [read post]
28 Apr 2010, 5:30 am
Kennedy filed a petition for appeal to the Ninth Circuit. [read post]