Guam pushes for native-only vote on U.S. relationship

The question before a panel of U.S. appeals court judges: Should non-native residents of Guam have a say in the territory's future relationship with the United States? Three judges from the 9th U.S. Circuit Court of Appeals were at the University of Hawaii's law school today to listen to arguments in an appeal of a federal judge's 2017 ruling that says limiting the vote to those who are considered native inhabitants of the island is unconstitutional.

Ninth Circuit Panel Reverses Denial of Uber’s Motion to Compel…

A panel of the Court of Appeals for the Ninth Circuit unanimously decided last week that a properly-drafted arbitration clause that waives class actions and reserves to the arbitrator the determination of whether a dispute is properly arbitrable, will defeat class action certification and require the granting of an order compelling arbitration, even in California, which is historically hostile to class waivers and mandatory arbitration. The case was closely-watched both because of the size of the class and to understand the impact in California of the U.S. Supreme Court decision last term in Epic Systems .

Let Americans watch their Supreme Court in action

On Monday, the Supreme Court started a new term, with a docket packed with cases that could affect our personal lives, the environment and American democracy itself. But despite its predominant role, the court is the one branch of our federal government that does not allow itself to be video recorded.

New Trial Ordered In ‘Stairway to Heaven’ Copyright Lawsuit

A U.S. appeals court on Friday ordered a new trial in a lawsuit accusing Led Zeppelin of copying an obscure 1960s instrumental for the intro to its classic 1971 rock anthem "Stairway to Heaven." A federal court jury in Los Angeles two years ago found Led Zeppelin did not copy the famous riff from the song "Taurus" by the band Spirit.

Section 230 Helps Malware Vendor Avoid Liability for Blocking…

I'd rather post cat photos, but this blog post is about PUPs [photo by Anik Shrestha, We rarely see cases like this any more, so I think it's worth blogging this April ruling even though it just showed up in Westlaw. PC Drivers makes software designed to speed up users' computers, an industry niche that's known to be filled with sketchy vendors.

Ninth Circuit Holds that Last-Known Addresses of Putative Class…

The Class Action Fairness Act permits removal of many class actions from state to federal court, but includes a "local controversy" exception that forbids removal where two-thirds or more of the proposed class resides in the state where the action is brought. In disputes over efforts to use CAFA to remove class actions, the residence of the class members often is difficult to assess.

Toxic mix: Job seekers, housing shortage

It's obvious that there are more homeless people wandering Reno's streets this year, reaching beyond the downtown core into neighborhoods that border the Truckee River and even into south Reno's storm culverts and parks. Environmental advocates worry about the river's water quality and safety issues, as needles proliferate from heroin addicts, and aggressive behavior by Truckee River denizens drives families away from bike paths and traditional recreation spots.

California Is Violating Americans’ First Amendment Rights with Disclosure Mandate

Is it an invasion of your privacy and a violation of your First Amendment rights if the government requires nonprofit membership organizations that you join and contribute to - such as the NAACP, NARAL Pro-Choice America, the National Right to Life Committee, or Americans for Prosperity - to send your name to the government? Unfortunately, a three-judge panel of the U.S. 9th Circuit Court of Appeals sees nothing wrong with such invasive mandates in a dubious decision that threatens the ability of Americans to support the causes and organizations they believe in that are an integral part of how our democracy works.

Appeals court: No immunity for agent in cross-border killing

A federal appeals court has ruled that a Border Patrol agent who fatally shot a Mexican teen on the other side of the border doesn't have immunity and can be sued by the boy's family for violating his civil rights. The ruling on Tuesday has wide implications and came almost two years after the agent's attorney argued he was immune from a civil lawsuit because the U.S. Constitution didn't extend to 16-year-old Jose Antonio Elena Rodriguez, who was in Mexico when agent Lonnie Swartz shot him about 10 times through a border fence.

Judge rules against Trump policy restricting transgender troops

A U.S. court on Monday ruled the Trump administration could not enforce an updated policy barring certain transgender people from serving in the U.S. military, becoming the second court in the country to rule against the government since it unveiled the policy in March. President Donald Trump announced on March 23 that he would endorse a plan by Defense Secretary Jim Mattis to restrict the military service of transgender people who experience a condition called gender dysphoria.

Plaintiffs Walk Out in Shame After Attorneys’ Fees Award Affirmed

Addressing the proper analysis for awarding attorneys' fees and costs under the Copyright Act in the wake of the Supreme Court of the United States' ruling in Kirtsaeng v. John Wiley & Sons , the US Court of Appeals for the Ninth Circuit upheld a fee award to the defendants where the copyright claim was objectively unreasonable.

According to the court, the school board was unconstitutionally endorsing a religion.

Supporters of prayer at school board meetings hold signs while they listened to public comments during the Chino Valley Unified School District's special meeting in Chino, Ca., , Monday, March 7, 2015. The Chino Valley Unified school board is asking a higher power for help in its ongoing legal battle over prayer at meetings: the U.S. Supreme Court.

Court strikes down Trump push to cut ‘sanctuary city’ funds

In this April 14, 2017, file photo, protesters hold up signs outside a courthouse in San Francisco. President Donald Trump's executive order threatening to withhold funding from "sanctuary cities" that limit cooperation with immigration authorities is unconstitutional, but a judge went too far when he blocked its enforcement nationwide, a U.S. appeals court ruled Wednesday, Aug. 1. ( A divided U.S. appeals court on Wednesday struck down a key part of President Donald Trump's contentious effort to crack down on cities and states that limit cooperation with immigration officials, saying an executive order threatening to cut funding for "sanctuary cities" was unconstitutional.

US court declares Trump’s ‘sanctuary cities’ order illegal

President Donald Trump's executive order threatening to withhold funding from "sanctuary cities" that limit cooperation with immigration authorities is unconstitutional, but a judge went too far when he blocked its enforcement nationwide, a U.S. appeals court ruled Wednesday.