Media Alerts

ABA 9th Circuit Media Alerts

The American Bar Association’s (ABA’s) Media Alerts provides reporters, lawyers, educators, and the public with accurate, unbiased analysis of newsworthy and legally significant cases pending in or decided by the federal courts of appeals. The ABA selected the Western State Law Review to write the Media Alerts for the 9th Circuit. Several Law Review members volunteer to write the Media Alerts throughout each term.

Media Alerts – 9th Circuit

Seven Arts Filmed Ent. Ltd. v. Content Media Corp. PLC – 9th Circuit

Headline: Ninth Circuit affirms dismissal of copyright infringement claim due to gravamen of dispute being ownership between parties in a close relationship Area of Law: Civil Procedure and Entertainment Law Issue Presented: Whether a claim for copyright infringement under 17 U.S.C. § 507(b), in which ownership is the disputed issue, is time-barred if a unattached ownership claim would be barred. Brief Summary: In 2011 appellant, Seven Arts Filmed Entertainment, filed a claim for copyright infringement
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Maciel v. Cate – Ninth Circuit

Headline: Ninth Circuit Affirms Denial of a Habeas Corpus Petition Challenging a Parole Term and Sex-Offender Registration Requirement Imposed Under California Law Not Part of Criminal Judgment Area of Law: Criminal Law; Habeas Corpus Issues Presented: Whether the state court’s denial of the petitioner’s habeas corpus petition challenging parole and sex-offender registration requirements that were not a part of his sentence resulted in a decision contrary to or an unreasonable application of clearly established federal
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Chavarria v. Ralphs Grocery Company – 9th Circuit

Headline: Ninth Circuit Affirms the Denial of a Defendant’s Motion to Compel Arbitration in a California Labor Law Action on Behalf of a Plaintiff and a Proposed Class. Area of Law: Contracts; Federal Preemption; Arbitration Provisions Issue(s) Presented: Whether the mandatory arbitration provision in Ralph’s employment application is unconscionable under California law and therefore unenforceable, and whether Federal Arbitration Act bars application of California’s unconscionability rule. Brief Summary: Plaintiff is a former employee of Ralphs
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Vasquez v. Rackauckas – 9th Circuit

Headline: Ninth Circuit affirmed the district court’s grant of injunction barring enforcement of permanent gang injunction against a certified class of named defendants in a state case who were voluntarily dismissed by the Orange County District Attorney’s Office (OCDA) , holding the OCDA violated the procedural due process rights of the class. Area of Law: Fourteenth Amendment; Federal Civil Procedure Issue Presented: Whether the OCDA deprived alleged gang members of constitutionally protected liberty interests by
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Joffe v. Google, Inc. – Ninth Circuit

Headline: Ninth Circuit Affirms Dismissal of Motion to Dismiss Claims that Google Inc. Violated the Wiretap Act Areas of Law: Criminal Law; Privacy Issues Presented: Whether payload data transmitted on an unencrypted Wi-Fi network is a “radio communication” which is exempt as an “electronic communication” that is “readily accessible to the general public” under the federal Wiretap Act 18 U.S.C. § 2511(2)(g)(i). Brief Summary: In this class action, plaintiff Joffe filed a consolidated complaint asserting
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Pickup v. Brown (consolidated with Welch v. Brown) – Ninth Circuit

Headline: Ninth Circuit affirms denial of preliminary injunction for California bill prohibiting mental health providers’ use of sexual orientation change efforts. Area of Law: Civil rights; First Amendment Issues Presented: Whether California Senate Bill 1172 (“SB 1172”) 1) violates mental health providers’ First Amendment right to free speech; 2) implicates mental health providers’ freedom of association rights; 3) is void for vagueness or overbreadth; or 4) infringes upon parents’ fundamental right to make important medical
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U.S. v. Bonds – Ninth Circuit

Headline: Ninth Circuit affirms Barry Bonds’ conviction of one count of obstruction of justice based on evasive and misleading statements made to a grand jury. Area of Law: Criminal Procedure and Vagueness Doctrine Issue Presented: The scope of 18 U.S.C. § 1503 and whether the word “corruptly” in the statute is unconstitutionally vague. Brief Summary: Appellant, Barry Bonds, responded to a question regarding his knowledge of his trainer’s steroid connections with comments about Bonds’ own
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Haskell v. Harris – Ninth Circuit

Headline: Ninth Circuit affirms denial of preliminary injunction against the enforcement of the 2004 Amendment to California’s DNA and Forensic Identification Data Base and Data Bank Act (“2004 Amendment”) and holds that the Amendment does not violate the Fourth Amendment rights of a provisionally certified class of non-convicted felony arrestees. Area of Law: Fourth Amendment; Criminal Procedure Issue Presented: Whether California’s mandatory DNA collection requirement under the 2004 Amendment constitutes an unreasonable search in violation
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