If you're a legal professional in the Evergreen State, we've got some good news for you. FindLaw just launched its new Washington Revised Code and Constitution section, bringing you the best source for Washington codes you can find.
Judge Lucy Koh won't be asking attorneys if they're smoking crack from her seat on the District Court of the Northern District of California much longer. That's because Judge Koh is on her way up -- up to the Ninth Circuit.
Koh, who has been one of the most important and entertaining judges in Silicon Valley for years, was moved out of the Senate Judiciary Committee today by a vote of 13 to 7, several months after she was originally nominated in February. That leaves only a full vote in the Senate standing between Koh and her spot on the Ninth Circuit.
Just two days after Labor Day, the Ninth Circuit has ruled against Uber drivers in a decision that could seriously limit their ability to pursue class actions against the company. On Wednesday, the Ninth Circuit ruled that Uber's driver contracts, which include causes requiring individual arbitration of disputes, were not unconscionable and could be enforced against the drivers.
The ruling comes in response to a driver class action over background checks, not the massive employee misclassification class action the company also faces, but the Ninth's decision could have significant implications for those plaintiffs as well.
Congress may view cockfighting as vile and depraved. It may be a "scourge that warrants prosecution." It is, no doubt, cruel and reprehensible. But it might not justify deportation as a crime of moral turpitude, the Ninth Circuit ruled yesterday.
The ruling comes after the Department of Homeland Security began removal proceedings against Agustin Ortega-Lopez, following his misdemeanor conviction for cockfighting, an act his immigration judge likened to child abuse and for which that IJ refused to cancel his removal. While cockfighting may be condemnable, the Ninth Circuit determined, it's questionable whether Ortega-Lopez's misdemeanor conviction involved the kind of moral turpitude that would justify removing him from the country and from his three children.
Life just got a little sunnier for legal practitioners in Alaska. FindLaw just launched its new Alaska Statutes and Constitution section, bringing the best, easiest-to-use Alaska codes to legal professionals in the land of the midnight sun.
A three-judge panel of the Ninth Circuit has unanimously found in favor medical marijuana users by declaring that DOJ prosecutions of users is forbidden under Consolidated Appropriations Act sec. 542.
In plain English, the Ninth Circuit said: "DOJ, stop wasting money going after otherwise state-law observant medical pot users."
The Democratic Party has failed to prove that Hawaii's open primary system "severely burdens" the party's associational rights, according to the Independent Voter Project. The open primary system allows members formally registered with another party to vote for nominees outside of party lines.
The decision is the correct one. The Democratic Part of Hawaii brought a rather flimsy argument that was rightfully dismissed. After all, how can the opportunity to vote outside of one's typical associated group be a violation of one's right to freely associate? Isn't that encouraging free association?
The Ninth Circuit ruled that the Shingle Springs Band of Miwok Indians did not inadvertently waive their sovereign immunity by removing a state court matter into a federal court. This is largely because such a move did not constitute a clean and unequivocal waiver.
With or without a trial, the ruling is a landmark victory for various Native American nations' sovereignty.
If the sun and surf weren't good enough, things just got a little better in America's youngest state. The world's number one legal website (you're looking at it) now offers Hawaii's revised statutes and constitution online, for free.
So if you need to know who can sell used cars in Honolulu, what can happen if you steal cable on the Big Island, or are just wondering who owns the state's subterranean minerals, FindLaw has you covered.
The Comprehensive Environmental Response, Compensation, and Liability Act can't be used against companies that "dispose" of hazardous substances through air pollution, the Ninth Circuit ruled last week, in a case of first impression.
The State of Washington and Colville Tribes had sought to use CERCLA, also known as the Superfund Act, against a Canadian smelter that had released hazardous pollution into the air, pollution which was later deposited in Washington. But, the Ninth ruled, that smelter cannot be considered a person who "arranged for disposal" of hazardous substances under that law.