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

9th Circuit July 2017 News

Wildlife Activist Free to Observe Bison, 9th Circuit Rules

One summer day several years ago, a herd of agitated bison crossed a Montana road oblivious that conservationists were fighting for them in court.

County sheriffs were herding the buffalo back to Yellowstone National Park, "hazing" them by horseback, cars, and all-terrain vehicles. Two weeks earlier, a federal court had outlawed hazing by helicopter.

Anthony Patrick Reed, a wildlife activist, parked his car fifty yards away to observe the operation. He was cited for obstruction, but in Reed v. Lieurance, the U.S. Ninth Circuit Court of Appeals said he had a constitutional right to be there.

Court Splits Baby Food Case Against Gerber

A federal appeals court threw out claims that Gerber deceived consumers about its baby food, but said the plaintiff may sue for unfair competition.

The U.S. Ninth Circuit Court of Appeals affirmed in part, reversed in part, and remanded Bruton v. Gerber Food Products. The appeals panel said the company's labels were not likely to deceive the public about the quality of its baby food.

However, the plaintiff may have a claim that the labels violated California's Unfair Competition Law.

In a recent decision by a three judge panel at the Ninth Circuit Court of Appeals, judges that use Twitter got a little bit more clarity on when Tweeting violates judicial ethics.

The case involved an appeal of a motion for relief from judgment filed by Sierra Pacific Industries, a lumber producer, after a settlement related to a 2007 wildfire. Sierra, for their appeal, alleged that the district court erred in refusing to grant relief from the settlement that the company agreed to with the government.

The underlying motion for relief was based on a whole host of alleged fraudulent conduct on the part of the government lawyers, and curiously, on one tweet from an anonymous account, allegedly controlled by Judge Shubb, who presided over the motion.

Monkey Can't Get Money From Selfies

It's hard to report this story with a straight face. I mean, even the monkey was smiling.

If you haven't seen them before, the pictures are definitely worth seeing. The macaque, who snapped his own selfies, has a great simian smile.

According to a federal judge, however, the animal doesn't have a copyright to the photos. It's not a joke, although more than a few lawyers say it is.

Family's Claim Revived Against Spanish Museum With Nazi-Looted Painting

How often does a U.S. trial judge get to decide a Spanish case over artwork painted by the French impressionist Camille Pissarro in 1897?

Once, unless of course the case is remanded. That's what is happening in the case of Cassirer v. Thyssen-Bornemisza Collection Foundation.

The U.S. Ninth Circuit Court of Appeals has reversed and remanded the case to find out whether a Spanish museum lawfully acquired the artwork from the plaintiffs' great grandmother. The case turned, in part, on one word.