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9th Circuit June 2011 News

Ninth Circuit Must Dismiss Moot Juvenile Sex Offender Case

The U.S. Supreme court has ordered the Ninth Circuit Court of Appeals to dismiss the appeal of a one-time juvenile sex offender, writes Courthouse News.

The dismissal was ordered largely due to the fact that the case, when it reached the Ninth Circuit Court of Appeals, was moot.

SCOTUS Upholds 9th Circuit Opinion on California Video Game Law

The California video game law case was decided this week.

Decided by the U.S. Supreme Court, that is. Several years back the case had already been decided by the Ninth Circuit Court of Appeals.

In its decision on Monday, the Supreme Court held that the California video game law was unconstitutional and in violation of the First Amendment's right to free speech. The disputed law placed a limitation on the sale of violent video games to minors.

Let's look at the history of this case before the Ninth Circuit.

Ninth Circuit Court of Appeals News: Appointees and Nominees

This week was a big news week within the Ninth Circuit. The Ninth Circuit Court of Appeals had many new announcements regarding nominations and vacancies.

Nomination to the Arizona District Court

The most newsworthy item for the Ninth Circuit this week was probably the filling of a very important vacancy in the District Court of Arizona. President Barack Obama nominated not one, but two, to the Arizona District Court this week. Both of the nominations are at the Tucson division, which handles a large criminal caseload. The two nominees are U.S. Magistrate Judge Jennifer Guerin Zipps, who will be filling the judgeship vacancy of the late Chief Judge John M. Roll. Judge Roll was one of the six killed in the Tucson shootings on January 8, 2011.

Winklevi and Divya Narendra Call it Quits on Facebook Lawsuit

It looks like the "Winklevi" got the memo; party's over folks.

Finally, the two brothers are calling an end to the Facebook lawsuit and taking the hint that the Supreme Court is unlikely to review their Ninth Circuit Court of Appeals case, which was rendered in San Francisco earlier this year.

At least that's what they said in a filing at the Ninth Circuit Court of Appeals this week, reports Reuters.

9th Cir. Overturned by SCOTUS in Walmart Class Action Lawsuit

On Monday, the Supreme Court overturned a Ninth Circuit Court of Appeals opinion granting class certification to the women in the Walmart gender discrimination lawsuit. Monday's decision has been hailed as a huge victory for the retail giant and for employers everywhere.

In 2004, a U.S. Federal District Court within the 9th Circuit certified the case to proceed as a class action lawsuit. The district court lawsuit alleged that Walmart discriminated against women in the way the retail giant recruited and promoted managers. The district court case was sent to appeal on the issue of class certification prior to final judgment on the discrimination issue.

9th Circuit Court of Appeals to Have Remote En Banc Broadcast

For those who can’t make it to the Pasadena courthouse, the Ninth Circuit Court of Appeals has announced that it will have remote showings of four en banc hearings later this month.

The cases will be broadcast, via live video and audio feed, from the Pasadena courthouse. They will be viewable at the James R. Browning Courthouse in San Francisco, the U.S. Pioneer Courthouse in Portland, Oregon, and the William K. Nakamura Courthouse in Seattle, Washington.

9th Circuit Reverses PwC Wage and Hour Lawsuit

The company formerly known as Price is breathing a sigh of relief today, as the U.S. Ninth Circuit Court of Appeals took their side in a wage and hour lawsuit this week.

Anyone who worked at one of the “Big 4” accounting firms could tell you about the grueling hours they likely had to put in, particularly during tax season. So is it any surprise that there would eventually be wage and hour lawsuits against those firms? According to the Sacramento Business Journal, the PricewaterhouseCoopers lawsuit isn’t a new phenomenon. In 2007, BDO Seidman was sued under a similar premise.

Right to Counsel Must be Clear, 9th Circuit Court of Appeals Says

Imagine this: You have a client, a nineteen-year-old boy, who is under arrest for murder. He doesn't fully know his right to counsel and tells the police that his father "asked me to ask you guys -- uh, to get me a lawyer."

Last week, Tio Dinero Sessoms was denied habeas relief by the Ninth Circuit Court of Appeals. In his petition, he argued that he was denied the right to counsel when he unequivocally asserted the right to Sacramento homicide officers.

Public Defender Job Announcement at 9th Circuit Court of Appeals

Are you looking for a legal job as a public defender? The Ninth Circuit Court of Appeals has just posted a vacancy for a Federal Public Defender in the Northern District of California.

It seems that the incumbent FPD didn’t apply again for the position, so they are conducting interviews for the position.

Roundup of 9th Circuit Court of Appeals News

Ninth Circuit practitioners want to stay current with what's moving and shaking down at the courthouse. In the past month, there has been much 9th Circuit news. There have been new judges nominated, calls for comments on the performance of defenders and even bomb scares.

Here's a roundup of some court news out of the Ninth Circuit Court of Appeals from the past month.

Healthcare Litigation Makes Its Way to 9th Circuit Court

Rumor has it that the healthcare litigation is finally making its way to the Golden State.

Well, it’s not quite rumor if it’s in a press release .

The 9th Circuit Court of Appeals has joined the ranks of the 4th Circuit and the 6th Circuit in hearing the case against health insurance reform. According to a press release at Standard Newswire, the 9th Circuit at the federal courthouse in Pasadena will hear the constitutional challenge to the “individual mandate” on July 13, 2011. Written briefs on this matter have already been submitted.

Immigration CLE Info: Practicing Before the 9th Circuit

If you’re interested in practicing immigration law before the 9th Circuit Court of Appeals, then Pincus Professional Education will be hosting their 4th Annual Immigration Litigation in the 9th Circuit Conference later this year.

According to their announcement, “This program is designed to give immigration practitioners a comprehensive overview of handling their cases at the 9th Circuit level.”

The program includes practical tips such as: drafting various motions and briefs, including procedural motions; emergency motions and substantive motions; standards of review; mediation; pro-bono counsel; preparation of oral arguments and a discussion of common mistakes.

Bomb Scare at 9th Circuit Court of Appeals in San Francisco

Several employees at the Ninth Circuit Court of Appeals in San Francisco got an extra vacation day earlier this week because someone in the building was shipping his Best Buy orders to his work address.

Yes, that may be a fairly light-hearted way of saying that many people left work early after a suspicious package caused a full-blown bomb scare at the 9th Circuit Court in San Francisco.

According to the San Francisco Chronicle, the bomb scare at the federal courthouse turned out to be nothing more than a package containing a "harmless electronic devices that an employee had delivered to the building."

SCOTUS Throws Out 9th Circuit Decision on Child Interrogations

Last week, the U.S. Supreme Court set aside a 9th Circuit Court of Appeals decision on 4th Amendment rights that mandated authorities to obtain warrants prior to talking to potential child victims regarding child abuse questions.

According to The Associated Press, the decision involved a case before the 9th Circuit Court of Appeals, where a 9-year old girl was asked child abuse questions by a social worker and a police officer in an Oregon school after suspicion that she was being abused by her father. The case began in 2003, when police arrested the girl's father on suspicion that he had sexually abused a young boy. At that time, according to the Los Angeles Times, the boy's parents said that they suspected that the man had also abused his own daughter.