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9th Circuit December 2012 News

Ninth Circuit Enjoins Gay Conversion Therapy Ban

Conversion therapy proponents say that it's a matter best left to mental health professionals and patients. Opponents call it "quackery."

Friday, the Ninth Circuit Court of Appeals agreed to put a ban against the practice on hold.

So what's all the fuss about?

San Diego Can Give Boy Scouts a Break on Rent

The Ninth Circuit Court of Appeals ruled on Thursday that it's okay for the City of San Diego to lease land to the Boy Scouts at a cheap rate despite the group's discriminatory membership policies, Thomson Reuters News & Insight reports.

The Boy Scouts prohibit atheists, agnostics and homosexuals from becoming members — a policy the Supreme Court upheld in 2000.

Will Ninth Circuit Enjoin Teen Conversion Therapy Ban?

The Mayans predict that the end of the world will occur this Friday. If we survive, litigants who support teen conversion therapy in California are predicting a different kind of doomsday scenario in less than two weeks.

Back in October, California adopted SB 1172, a law barring mental health providers from engaging in sexual orientation change efforts with patients under 18 years of age. This week, plaintiffs opposing SB 1172 continued their quest for an injunction against the bill.

Copyright Violation is Enough Contact for Personal Jurisdiction

The Ninth Circuit Court of Appeals held this week that an Arkansas retailer is subject to personal jurisdiction in Washington state when its only relevant contact with the state is a claim that it willfully violated a copyright held by a Washington corporation.

Move over, International Shoe, because Washington Shoe is about to get up in your personal jurisdiction.

Attention Shoppers: Is There a Duty to Provide an AED?

Target sells Automatic External Defibrillators (AEDs) on its website for approximately $1,200. An untrained person can use this type of AED; the devices provide oral instructions and are "designed not to allow a user to administer a shock until after the device has analyzed a victim's heart rhythm and determined that an electric shock is required."

Target sells AEDs. It doesn't have a policy of keeping AEDs in its stores in case of emergencies.

But does it have to?

Ninth Circuit Approves Lower Medi-Cal Provider Payments

Four cases. Eleven consolidated appeals. A bunch of big-name healthcare administrators. What more could you want?

Thursday, the Ninth Circuit Court of Appeals reversed a district court ruling barring state budget cuts to Medi-Cal, the state's Medicaid program, because the Secretary of Health and Human Services has exclusive authority to determine whether a state can cut Medicaid rates while continue to comply with the Medicaid rules, the Sacramento Bee reports.

Can Four Pages be Worth $1 Million?

The Ninth Circuit Court of Appeals issued a four-page decision this week that could be worth almost $1 million to Michael Simard.

Tuesday, a Ninth Circuit panel found that a district court had employed the wrong standard of proof to determine whether Simard was entitled $999,830 that police seized from his car during a traffic stop.

No, Really? Dragging Man Through Car Window is Excessive Force?

Is breaking a car window and dragging a person through it excessive force?

Our gut says it is. To Honolulu cops, such conduct is "reasonable" and worthy of qualified immunity.

Anthrax Hoax Isn't Protected Free Speech

This week, the Ninth Circuit Court of Appeals upheld a Sacramento man’s conviction for mailing fake anthrax to people to promote his book about anthrax.

Quelle surprise! That sort of thing isn’t protected by the First Amendment.

You Can't Use an APA Claim to Circumvent a BIA Ruling

Saul Martinez filed a false application for asylum and withholding of removal based on his alleged political opinion. Four years later, he admitted that he lied on the first application, and submitted a new application based on his sexual orientation.

Is it surprising that the immigration judge decided that Martinez lacked credibility? No?