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

9th Circuit October 2017 News

'Comic Con' Gag Order Vacated by 9th Circuit

Did you hear the inside joke about the Comic Con case?

Didn't think so. That's because a judge issued a prior restraint in the pending litigation.

The joke's on the judge, however, because the U.S. Ninth Circuit Court of Appeals didn't think that was funny in Dan Farr Productions v. United States District Court.

In a rare bit of good fortune for the family of Anthony Jones, who, in 2010, was tased to death by law enforcement officers, the Ninth Circuit Court of Appeals issued a ruling in their favor, reviving the case.

Mr. Jones's case is rather tragic as he was tased for nearly two minutes straight while being allegedly subdued, after fleeing a traffic stop. At one point, he was being tased by more than one officer concurrently. After all the tasing stopped (when an officer arriving at the scene told the others to stop), Mr. Jones died immediately.

Court Clears the Way for Flushable Wipes Case

When you put something down the toilet, you expect that to be the end of it.

But one action typically leads to another. In a case over flushable wipes, an allegation without damages led to a dismissal.

Jennifer Davidson sued Kimberly-Clark over its wipes, but a federal court of appeals reversed the decision against her. That's right, the trial court had flushed her case.

Federal Courts May Legalize Prostitution in California

What would your mother say?

Seriously, what would she say if a federal court rules prostitution is legal? "Oh my goodness!" "Are you kidding me?" "What the ----!?"

Her response might depend on when she was born, but it is a question that a federal court will soon decide. And who knows what the answer will be.

The Ninth Circuit Court of Appeals will, undoubtedly, be getting ready to hear the appeal of travel ban 3.0 which was just temporarily blocked by the federal district court in Hawaii. Notably, Judge Derrick Watson, the same judge that blocked travel ban 2.0, issued the order in this case as well.

Unlike the prior bans, the newest iteration of the executive order imposed a permanent ban on immigration and visitors from six Muslim majority nations, as well as North Korea and Venezuela. Interestingly, there are barely any visitors from North Korea, and the restriction on Venezuela only applied to certain government officials from the country. Even more interestingly, Judge Watson only issued an injunction as to the six Muslim majority nations and allowed it to move forward as to North Korea and Venezuela.

No Second Amendment Right to Sell Guns, 9th Circuit Rules

It may be the worst of times for gun sellers in America, or at least in the U.S. Ninth Circuit Court of Appeals.

Valley Guns and Ammo wanted to open a store in Alameda County, California, but the county limited gun sales to areas at least five hundred feet from residential zones, liquor stores, schools, and day care centers.

The business owners sued on Second Amendment grounds, but a trial judge dismissed the case and the appeals court affirmed. In the shadow of the Las Vegas shooting, it's a battle gun sellers are not winning.

Prisoner Has Right to Complain, Threaten to Sue

John Thomas Entler, a prisoner at Washington State Penitentiary, was in no position to complain.

But he did, telling prison officials they wrongly charged his prison account $200. He also complained about being forced to do certain work.

That got him 10 days of cell confinement and 15 days lost time in the yard and gym. After a failed complaint in federal court, an appeals court finally gave him a break in Entler v. Gregoire.

This past week, a three judge panel for the Ninth Circuit Court of Appeals heard oral arguments for the Blurred Lines appeal filed by Pharrell and Robin Thicke. If you're just now learning of the case, it is more than just a relatively juicy piece of legal celebrity gossip, there's actually some fascinating IP law behind the pop star gravitas.

In short, a jury found that Thicke and Pharrell ripped off Marvin Gaye's "Got to Give It Up" in their song "Blurred Lines." Apart from the generational gap between the performers, there is a rather large and legal difference between music copyrighted prior to the mid-70s.

In a class action filed against Jeff Sessions, ICE, and other government officials, the Ninth Circuit Court of Appeals has ruled in favor of the class of immigrant detainees that were denied a fair shake at bond.

The class of immigrant detainees successfully obtained a preliminary injunction requiring immigration court judges to consider a detainees financial ability to pay bond before setting the amount. Additionally, if the detainee is found to be unable to pay, alternatives should be assessed, such as ankle monitoring. The government not only appealed the granting of the injunction, but also appealed their unsuccessful motion to dismiss.

Ninth Circuit: No Hovercraft on National Park River

No paved roads access the Yukon-Charley Rivers National Preserve, where Alaska permits locals to hunt for subsistence and sport.

John Sturgeon wanted to hunt for moose among an estimated 175,000 of the creatures in the state. So he traveled by hovercraft along the rivers, until two national park rangers stopped him.

Sturgeon sued, and the U.S. Supreme Court sided with him. But somehow, while going up and down the court system, Sturgeon lost his way.