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


Honey Badger Cares About Its Trademarks

If you don't know the honey badger, don't worry. It doesn't care, and that's what made it famous.

"Honey Badger Don't Care" became one of America's hottest brands after Christopher Gordon created a popular YouTube video that went viral. In the National Geographic video, Gordon adds his comedic commentary about how "Honey Badger Don't Care" as the beast attacks and eats just about anything.

In Gordon v. Draper Creative, Inc., Gordon attacked because the defendants used his catchphrases on greeting cards. So, if you care, here's what the U.S. Ninth Circuit Court of Appeals had to say about it.

A recent Ninth Circuit appellate opinion explains that the federal law prohibiting individuals from inducing or encouraging undocumented immigration when they know it will be unlawful is unconstitutional.

Simply put, the court explained that the statute criminalized "encouraging," which triggers First Amendment scrutiny and fails that scrutiny for being overly broad. And while amicus in the case, and other immigration advocates, believe the end result is just, the underlying case's facts might be difficult for those same individuals to stomach.

The federal court down in San Diego recently issued a big, but relatively brief, ruling in the ongoing battle between Apple and Qualcomm. (To give you some perspective on how "ongoing" this has been, the ruling is listed as Document 737, and it was a ruling on a 12(b) motion.)

As reported by Courthouse News Service, Judge Curiel dismissed (without prejudice) 56 separate claims brought by Apple and its contract manufacturers against Qualcomm basically alleging the chipmaker was trying to double dip by selling the chips then demanding unjustified royalties. Notably though, the case has claims flying every which way and seems poised to get a whole lot messier as it gets further litigated.

Montana Employer Can Fire Marijuana User

Marijuana users have been on a high, but what goes up this time comes down.

In Carlson v. Charter Communications, the U.S. Ninth Circuit Court of Appeals turned down a marijuana user who sued his employer for firing him under its drug policy. The plaintiff lost in state court, so he asked the federal court to consider it.

It came down to a question about whether a state law legalizing marijuana trumped the employer's policy to have a drug-free workplace. In a word, the court said "no."

Court Gives Go-Ahead to Racial Bias Case Against Cable Giant

Byron Allen started his career as a comedian, but he wasn't afraid to talk about serious subjects.

In his first television appearance, he stood in front of an audience and joked about his parents beating him as a child. When he grew up to be a television producer, however, he got tired of getting knocked around.

In National Association of African American-Owned Media v. Charter Communications, Allen sued a cable giant for discriminating against African American media companies. Free speech advocates applauded.

A recent federal court ruling out of California's Northern District Court has enjoined, nationwide, the Trump Administration's newest policy basically denying all asylum seekers coming to America.

Judge Jon Tigar explained rather clearly in his ruling, supporting his order for a preliminary injunction stopping the new policy from being carried out: "Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden."

Ex-Tesla Employee Indicted for Embezzling $9.3M

Salil Parulekar must have thought he was pretty smart.

He had a management job at Tesla, overseeing the company's relationship with global suppliers. When he saw Tesla was cutting off one supplier, he figured out a way to impersonate another supplier and divert $9.3 million to himself.

At least that's how prosecutors described the scheme in United States of America v. Parulekar. For Parulekar, it means he'll have to figure out how to avoid 20 years in prison and about $2.5 million in fines.

Ninth Circuit Splits on 'Dueling Dinosaurs'

"Dueling Dinosaurs" is not a remake of "Deliverance," starring Burt Reynolds and Jon Voigt.

In the movie with the famous "dueling banjos," four friends battle wild mountain men while canoeing. It doesn't end well for at least two of them.

In Murray v. Bej Minerals, it doesn't end well for a couple of ranchers who were fighting over dinosaur fossils found under their property. The "dueling dinosaurs," and several property owners, were locked in combat.

In a recent panel decision out of the Ninth Circuit Court of Appeals, the district court issued injunction staying the full rescission of DACA was upheld.

Despite the federal government's pleas for the Supreme Court to intervene ahead of the circuit court, and the federal government's assertion that the injunction forces the government to violate federal law, the Ninth Circuit panel all agreed that the plaintiffs had satisfied the likelihood of success on the merits factor, at least as to the equal protection claim.

There's a big problem in the chocolate industry that many of the big manufacturers don't want anybody to know about: A large chunk of the world's chocolate is farmed by child slaves (and child labor) in Africa's Ivory Coast.

Yes. Child slaves and child labor. It is heartbreaking to read or hear about. The problem goes deep and is both systemic and institutionalized.

And the Ninth Circuit just reversed a Central District of California dismissal in a case brought under the Alien Tort Statute by former child slaves against Nestle and other chocolate producers for aiding and abetting slavery.