U.S. Court of Appeals for the Ninth Circuit
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Appeals court: ClassPass can't use arbitration to escape class action; Dissent: Ruling leaves online biz 'guessing'
The Ninth Circuit rejected an attempt by online gym access pass seller ClassPass to beat a class action through arbitration because its user terms and conditions weren't good enough to show users agreed. A dissenting judge said the decision defies earlier rulings and fosters uncertainty -
LA school district gets new chance to shut down lawsuit over Covid vax mandate
The full Ninth Circuit Court of Appeals tossed out their colleagues' earlier holding that had allowed L.A. public school workers to sue L.A. Unified School District over its Covid shot mandate, because the Covid shots don't prevent infection. LAUSD said the effectiveness of the shot shouldn't matter to the court -
LDS Church defeats bid to force refunds of 'tithes' over mall development
A majority of an 11-member panel of the U.S. Ninth Circuit Court of Appeals said there was no proof Church of Jesus Christ of Latter Day Saints leaders lied to members about how it was funding a mall development project. Other judges on the panel said the lawsuit had serious First Amendment problems -
CA 'teen social media addiction' law remains on hold, for now, court says
A federal appeals panel has blocked California from enforcing its new law restricting teen social media use while it weighs an appeal from social media and tech companies arguing the law is unconstitutional. The state says the law is needed to tame teen social media addiction -
Federal appeals court won't revisit decision upholding CA 'sensitive place' gun carry ban
Dissenting judges warned the decision rested on strained legal reasoning, likely in defiance of the U.S. Supreme Court's holdings on Second Amendment rights and could tee up review and the risk of a loss before the Supreme Court -
Retirement plan contributions can be excluded from Chapt 13 income: Appeals panel
A federal appeals court in San Francisco has ruled that contributions to a qualified retirement plan through an employer can be excluded from "disposable income" reported by people seeking to file Chapter 13 bankruptcy -
Live Nation can't use 'mass arbitration' rules to beat class action over Ticketmaster fees, appeals court says
The U.S. Ninth Circuit Court of Appeals said a provision in Ticketmaster's user agreement that would force customers with legal claims against the company into so-called 'mass arbitration,' in a bid to ward off trial lawyers' new costly litigation tactics, was 'unconscionable' under California law and could not be saved by federal law -
CA law blocking religious schools from special ed funds violates religious freedom, appeals court says
U.S. Ninth Circuit Appeals Court said California can't show its discrimination vs religious schools is "neutral." Three devout Orthodox Jewish families can continue their suit against the state for allegedly forcing them to choose between their faith and obtaining educational services for their disabled children -
Appeals panel: U.S. can't apply Asylum Transit Rule to illegal immigrants already at the border
A federal appeals court has blocked the Biden administration from forcing illegal immigrants who already were turned away from the border to first apply for "asylum" in Mexico before requesting the same from the U.S. A dissenting judge said the ruling "twists" U.S. asylum law to extend to people who haven't even arrived in the country -
Appeals court: ADA doesn't nix Montana state law blocking 'vax discrimination'
The federal appeals judges said a Montana federal judge overreached in declaring that the Americans with Disabilities Act all but required health care organizations to require workers to be vaccinated against Covid and other communicable diseases to protect 'immunocompromised disabled persons' -
Google privacy settlement a $62M windfall for trial lawyers, left-wing groups: Court filings
Twenty GOP state attorneys general have filed a brief in the U.S. Ninth Circuit Court of Appeals in support of a group of objectors, seeking to undo approval of a settlement that would steer most of $62 million from Google to trial lawyers and the ACLU and other groups to advance left-wing social and political causes -
Black Lives Matter can't advance class action over LAPD response to 2020 riots
A federal appeals panel said an L.A. federal judge was wrong to allow the class action to continue because such a suit on behalf of thousands of people who clashed with police or were arrested would sweep up proper police response with potential constitutional violations amid alleged excessive force -
California violated 1st Amend by trying to force X to turn over info on content moderation: Appeals court
California lawmakers said AB587 only about "transparency," but also hinted the law's reporting requirements could be used to force X Corp. to comply with state desires to censor "hate speech" and other kinds of controversial posts the state may find objectionable -
Appeals court: Christian schools don't need to violate beliefs on sex, gender under Title IX
A federal appeals panel has rejected a lawsuit brought by LGBTQ students who sought to use the First Amendment to end an exemption for religious schools under the federal Title IX sex discrimination law and force them to abide by federal edicts concerning sex and gender in order to receive federal education money -
Disney wants appeals court to rule it has First Amendment right to fire actors over political beliefs
The Walt Disney Company has asked a federal judge for permission to appeal to a federal appeals court over a judge's ruling that actor Gina Carano can continue her lawsuit against Disney for firing her from "The Mandalorian" TV series over political statements Disney said didn't align with its "values" -
Google can't use 'browser agnosticism' to sidestep Chrome users' sync privacy class action
A federal appeals panel says an Oakland federal judge asked the wrong legal questions in deciding that Google could pull the plug on class action lawsuits accusing the tech giant of violating state and federal privacy laws by collecting browsing history and other info about Chrome users, allegedly without consent -
Appeals panel: RFK can't sue Meta for censoring Covid vax posts, because Meta agreed with Biden-Harris admin
A divided federal appeals panel said Meta can't be sued for censoring Facebook posts from vaccine skeptic group, led by Robert F. Kennedy Jr., because Meta partnered with the Biden-Harris administration willingly. A dissenting judge said that reasoning allows a backdoor around the First Amendment -
Falconers can continue suing California over permit requiring them to submit to warrantless inspections
A federal appeals panel says a lower court judge was wrong to toss a lawsuit from a group of falconers accusing the state of violating the Fourth Amendment protections against illegal property searches by requiring falconers to agree to "unannounced warrantless inspections" as a condition of their state license -
Mom seeks reversal of judge's ruling protecting school that punished first grader for 'innocent' racial drawing
An Orange County mother has asked a federal appeals court to revive her lawsuit vs an elementary school and its principal for allegedly trampling her daughter's constitutional rights by punishing her for drawing a picture of a black classmate that included the phrase "Any Life" with "Black Lives Matter" -
Spanish museum can keep painting stolen by Nazis, court rules; Case may land at SCOTUS
The U.S. Ninth Circuit Court of Appeals refused to reconsider an earlier decision that declared Spanish law should hold sway in a dispute over the ownership of a Pissarro painting, which was stolen from a German Jewish family by the Nazis amid the Holocaust and World War II