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

9th Circuit February 2016 News

9th Circuit Expands Dept. of Labor Power Into Tip-Pools

The Ninth Circuit recently reinvigorated a 2011 tip-pooling rule, allowing the regulations of employers who use the practice despite steering clear of the FLSA's "tip credit" provisions.

'The Hurt Locker' Is Protected Speech, 9th Circuit Rules

The Ninth Circuit's recent decision concerning "The Hurt Locker" film is important for those defendants who author screenplays or make film's based on real people and real events. Such stories, the Ninth Circuit concluded, are "fully protected speech."

It's been several years since Mstr. Sgt. Jeffrey S. Sarver brought his suit. Who knew that what once started as a Playboy article would one day eventually turn into a civil rights debate?

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Gay Pride Kilt Case to Appear in 9th Circuit

A rather interesting case involving a "not compliant" leather-gladiator gay pride outfit will be marching itself to the Ninth Circuit in March. Will Walters' selective enforcement suit has already scandalized and inflamed the internet when it was revealed to the public in 2012.

Now, years later, the Ninth Circuit (appropriately located in San Francisco) will hear the merits of Walter's suit, LGBT news outlet FrontiersMedia reports.

So the question remains: thongs or leather butt-flaps?

9th Circ. Overturns 34-Year-Old Arizona Death Sentence

The Ninth Circuit just overturned a 1982 death sentence handed down by an Arizona court because it found that the convicted was intellectually disabled at the time of the crime; and thus his execution would be cruel and unusual under the Eighth Amendment and prongs of Atkins v Virginia.

There was not unanimity in the ruling and the dissent opined that the circuit should have deferred more greatly to the state's determination of the defendant's mental capacity. Following this ruling, his sentence has been reduced to life imprisonment.

When Mario Garcia was arrested for a DUI in Riverside County, California, the police booking system matched him to an outstanding felony warrant in Los Angeles. Garcia was quickly transferred to L.A.

Except the police had the wrong Mario Garcia. And despite Garcia's numerous objections, officers refused to perform even the most basic checks, checks which would have revealed their mistake. In so failing, the Ninth Circuit ruled on Wednesday, the Los Angeles County, the L.A. Sheriff's Department, and individual officers forfeited their legal immunity.

The Ninth Circuit may soon be getting a new judge and it is likely to be Northern District of California Judge Lucy Koh, the San Jose Mercury News reports. Judge Koh, who we once dubbed the "most powerful woman in Silicon Valley," is best known for presiding over the Apple v. Samsung trial, where she won over our hearts by slapping down Apple's request for additional witnesses by asking its attorney if he was smoking crack. (He wasn't.)

Now she may get to dish out the smack from an even higher bench. Here's what you should know about Koh.

9th Circuit Affirms Arizona Judge Speech Laws as Constitutional

Our nation's most liberal circuit, the Ninth Circuit, just affirmed a lower district's ruling that judges cannot endorse other judges or political groups while angling for their own judge's seat.

The circuit found that despite legal arguments Wolfson presented, the Arizona laws put in place to limit judge speech survived the high bar of "strict scrutiny" review.

Arizona Governor: We Want Out of the 9th Circuit!

Is the Ninth Circuit too liberal? Arizona's governor seems to think so. Recently, he spearheaded an effort to break up the nation's largest circuit.

Is this the beginning of the Twelfth Circuit?