U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

9th Circuit January 2015 News

San Jose Strikes Out in 9th Cir. MLB Antitrust Appeal

When we last left the City of San Jose in its ongoing battle with the behemoth known as Major League Baseball, it was trying to fast-track an antitrust lawsuit against MLB to the Ninth Circuit Court of Appeals.

Well, the Ninth Circuit has decided, and with Judge Alex Kozinski at the bat, San Jose -- like Mighty Casey -- has struck out.

Idaho Gay Marriage Case Denied En Banc Rehearing, With Dissent

After losing in front of a Ninth Circuit panel, the States of Idaho and Nevada petitioned the full court for an en banc rehearing in Latta v. Otter. A majority of non-recused active judges didn't vote for en banc hearing.

But that doesn't mean some of them aren't upset! Judges Diarmuid O'Scannlain, Carlos Bea, and Johnnie Rawlinson filed a 24-page dissental arguing that "the same-sex marriage debate is not over" because the Sixth Circuit -- alone among the other circuits to decide the issue -- upheld laws prohibiting same-sex marriage.

Yet Another Ariz. Immigration Law Is Pre-empted by Federal Law

For being "America's Toughest Sheriff," a name he invented for himself, Sheriff Joe Arpaio of Maricopa County, Arizona, gets shot down. A lot.

He has the added disadvantage of Arizona's statutes, which try to butt into space occupied by federal law every chance they can get. Once again, a federal court will teach Arizona a lesson in pre-emption.

POM Wonderful Wins Suit Against Rival Pomegranate Juice Maker

Hot on the heels (at least in terms of court timelines) of winning a deceptive trade practices suit at the U.S. Supreme Court, POM Wonderful, fabled maker of pomegranate juice, won another suit at the Ninth Circuit. This time, POM Wonderful claimed that a rival company was improperly using its trademark, which might cause confusion.

On balance, said the court, a reasonable consumer could mistake a competitor's product for POM Wonderful's.