9th Circuit

  • You'll still get in, even if these weren't your grades.

    9th Circuit, Basketball, Confirmations, Constitutional Law, Gay Marriage, Law Schools, Morning Docket, Racism, Religion, Sports

    Morning Docket: 04.29.14

    * Michelle Friedland, a Munger Tolles partner, has been confirmed to the Ninth Circuit. Congratulations! This marks the first time in years that the court has had a full slate of 29 judges, which is also pretty cool for law nerds. [Legal Times]

    * L.A. Clippers owner Donald Sterling is probably going to be flopping around just like LeBron now that the NBA commissioner, Adam Silver, a former Cravath attorney, has launched a full court press against him. [Am Law Daily]

    * This is something completely new and different. The United Church of Christ filed a lawsuit against North Carolina over its ban on gay marriage saying it restricts its clergy’s religious freedom. [New York Times]

    * Dear Low Grades, High Hopes: You don’t need an addendum to your law school application. You’ll get in everywhere you apply — they’re desperate to fill their seats. [Law Admissions Lowdown / U.S. News]

    * Singer-songwriter Paul Simon was arrested yesterday alongside his wife after she “picked a fight” with him. Given how “disorderly” things were, perhaps all he wanted to hear was the sound of silence. [CNN]

    2 Comments / / Apr 29, 2014 at 9:11 AM
  • sexytary

    Barack Obama, Gay Marriage, Law Professors, Law Schools, Morning Docket, Sex Scandals, Tax Law

    Morning Docket: 04.17.14

    * Click here if you’d like to see how Obama evolved to his current position on same-sex marriage. Alternatively, click here to see a terribly Photoshopped picture of Obama catching a basketball bouquet. [New York Times Magazine]

    * Should you enroll in law school? Should you do it… TODAY? Please come on over and take a look at the latest parade of law professors trumpeting right now as the best time ever to go to law school. [National Law Journal]

    * University of Colorado School of Law just received its largest gift ever, to the sweet tune of $10 million. It’ll fund $400,000 in student scholarships, but mostly, it’ll be used to hire MOAR law professors. [Denver Business Journal]

    * Boston Marathon bombing suspect Dzhokhar Tsarnaev will be allowed to view victims’ autopsy pictures and visit privately with his sister. Members of his crazy fan club must be so incredibly jealous. [CNN]

    * Next time, make TurboTax your “cheap whore”? This guy claims he was “seduced” by an IRS agent who then refused to help him with his tax audit. He sued, and is now appealing to the Ninth Circuit. [ABC News]

    1 Comment / / Apr 17, 2014 at 9:14 AM
  • lawyers fighting fight club

    3rd Circuit, Deaths, Department of Justice, Federal Government, Federal Judges, Immigration, Judicial Nominations, Law Professors, Law Schools, Minority Issues, Morning Docket, Racism, SCOTUS, Securities Law, Supreme Court, Video games, Violence

    Morning Docket: 03.06.14

    * Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]

    * From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]

    * In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]

    * It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]

    * How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]

    * As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]

    * RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]

    * Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]

    * Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]

    4 Comments / / Mar 6, 2014 at 9:35 AM
  • maxresdefault

    9th Circuit, Alex Kozinski, Technology

    ‘Innocence Of Muslims’ Ruling Violates The First Amendment In Two Separate Ways

    Judge Kozinski’s decision on this one seems a bit curious.

    6 Comments / / Feb 28, 2014 at 11:45 AM
  • 9th Circuit, Biglaw, Books, Crime, Diarmuid O'Scannlain, Eugene Volokh, Gay, Gay Marriage, Guns / Firearms, Mergers and Acquisitions, Morning Docket, Screw-Ups, Violence

    Morning Docket: 02.14.14

    * Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

    * The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

    * Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

    * Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

    * Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

    * Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

    * George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

    * Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

    4 Comments / / Feb 14, 2014 at 9:14 AM
  • Does Biglaw have a pedigree problem?

    9th Circuit, Affirmative Action, Biglaw, Blank Rome, Gay, Job Searches, Jury Duty, Law Schools, Minority Issues, Morning Docket, Pornography, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Morning Docket: 01.23.14

    * The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

    * No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

    * The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

    * While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

    * Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

    * The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

    * Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

    11 Comments / / Jan 23, 2014 at 9:12 AM
  • Kate Moss

    9th Circuit, American Bar Association / ABA, Biglaw, Blogging, Celebrities, Free Speech, Law Schools, Morning Docket, Perks / Fringe Benefits, Pregnancy / Paternity, Suicide, Texas

    Morning Docket: 01.21.14

    * For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]

    * If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]

    * A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]

    * Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]

    * Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]

    * If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]

    * Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]

    18 Comments / / Jan 21, 2014 at 8:56 AM
  • Ylvis_The_Fox

    9th Circuit, Drugs, Food, Non-Sequiturs, Parties, Police, Technology, Wal-Mart

    Non-Sequiturs: 01.15.14

    * Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money]

    * Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar]

    * Judges are reading briefs on iPads now? Here’s how you write a brief for a judge who has an app for “law.” [Columbia Business Law Review]

    * A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.]

    * The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters]

    * A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]

    2 Comments / / Jan 15, 2014 at 5:03 PM
  • The guy in today's story didn't dress up like Gumby, but it's still an amazingly stupid disguise.

    9th Circuit, Biglaw, Blogging, CIA, Federal Judges, George Bush, Lateral Moves, Law School Deans, Law Schools, Non-Sequiturs, Partner Issues, Tax Law

    Non-Sequiturs: 01.02.14

    * Man tried to rob a convenience store so he could go back to prison. And he almost screwed that up… [KMOV]

    * The CIA’s former lawyer explains how torture came to be a go-to national policy. According to John Rizzo, author of the forthcoming Company Man (affiliate link), George W. Bush basically had no conception of what was going on, which makes a lot of sense anyway. [The New Yorker]

    * Brooklyn Law’s Dean Nick Allard makes predictions for law schools in 2014. “[P]eople will look back at 2014 and say it marked the start of the new world of law: a renaissance where the respect and reputation of lawyers and law schools began to rise by measurable benchmarks.” Go ahead and laugh, I’ll wait. [TaxProf Blog]

    * Paul, Weiss picks up tax partner Scott Sontag from Weil Gotshal. (Congrats to both firms, by the way, on tying for the #9 spot in our list of top-ranked law firms for 2013.) [Paul, Weiss]

    * Nooooooooooooo! Judge Richard Kopf is ending his blog. [Hercules and the Umpire]

    * And the hits keep on coming. Professor Kyle Graham is also leaving the blogosphere. [Non Curat Lex]

    * The Ninth Circuit will start streaming all of its oral arguments next week. If you want to help them out, tune in. No promises that the panel will excoriate any prosecutors this time. [Ninth Circuit]

    1 Comment / / Jan 2, 2014 at 4:47 PM
  • 220px-The_Grinch_(That_Stole_Christmas)

    9th Circuit, D.C. Circuit, Defamation, Gay, Non-Sequiturs, Television

    Non-Sequiturs: 12.13.13

    * The Grinch goes to court to get some legal redress. Dr. Seuss really is all about the law. [NPR]

    * How much bulls**t is wine appreciation? This guy is in trouble for selling fake wine to so-called experts for years and they never noticed. [Gawker]

    * Is this really the most likely scenario after you graduate with a law degree? [Law School Lemmings]

    * Congratulations to Eric Schneiderman for successfully getting fired Domino’s workers back on the job. Living up to the New York’s AG’s new “If You Don’t Get Justice In 30 Minutes, It’s Free” promotion. [Daily Kos]

    * Celeb lawyer saves kid from getting bowled over by Chicago Bulls. Amazingly, the Knicks were able to take this guy’s lead and actually won a game. [TMZ]

    * Creating fake Linkedin accounts to make your competitor seem like it’s really a foreign company. Well, that’s one way to compete. [IT-Lex]

    * Folks who’ve been watching the Ninth Circuit’s en banc proceedings have asked why Judge Gould appears by video. The reason is that Judge Gould has multiple sclerosis and works from his home base in Seattle. Here’s an awesome profile of the judge. [United States Courts for the Ninth Circuit]

    * Elie joined Non-Sequiturs all-stars Jessica Mederson of Legal Geeks and Kevin Underhill of Lowering the Bar on Legalese It! with Mike Sacks. They discussed the D.C. Circuit, India’s new anti-gay law, and the affluenza case. The video after the jump…

    4 Comments / / Dec 13, 2013 at 5:01 PM
  • Kozinski-RF

    9th Circuit, Alex Kozinski, Benchslaps, Legal Ethics

    Chief Judge Kozinski Gets Benchslappy When Doubts About Lab Tests Concealed From Defendant

    The Ninth Circuit rewrites Brady: prosecutors must disclose potentially exculpatory evidence if they feel like it.

    3 Comments / / Dec 11, 2013 at 12:18 PM
  • ninth circuit seal 9th circuit seal

    9th Circuit, Alex Kozinski, Technology, Videos

    Can You Help Out The Ninth Circuit?

    It’s an easy and simple request; all you need is a web browser.

    12 Comments / / Dec 10, 2013 at 12:12 PM
  • His Honor objects!

    9th Circuit, Alex Kozinski, Cars, Quote of the Day

    Chief Judge Kozinski: His Honor Objects!

    Welcome to what one legal journalist describes as a “lawyer’s nightmare.”

    9 Comments / / Nov 21, 2013 at 1:38 PM
  • Does this man look like a criminal? A Bond villain, maybe...

    9th Circuit, Disasters / Emergencies, Intellectual Property, Jay Bybee, JPMorgan Chase, Jury Duty, Non-Sequiturs, Technology

    Non-Sequiturs: 11.20.13

    * CeeLo Green, through his attorney, tells the judge and prosecutors in his criminal case to, um, Forget themselves. He’s miffed that the judge and prosecutors set up cameras during his arraignment and left themselves out of the shot creating a false impression of guilt. This marks the first time this guy didn’t want a camera fixated solely on him. [TMZ]

    * Samsung wants a mistrial in its case with Apple because Apple’s attorney, Harold McElhinny, implied in his closing argument that American-made jobs building TV sets moved overseas because companies failed to protect intellectual property. Samsung is arguing that this is racist. [Bloomberg]

    * Remember the matter of the attorney supposedly stalking a jury? Well, the judge has overturned the verdict over it. [Courthouse News Service]

    * A week in the life of a Biglaw litigation associate. It’s a decent list, but where were the Thursday Night Football and Netflix? You’ll see what I mean in the next story. [Big Law Rebel]

    * JPMorgan is awfully sorry for making the conscious decision to sell toxic securities that helped destroy the economy. “Our bad, y’all!” [Gawker]

    * The justices who penned Bush v. Gore shamelessly admitted how terrible the decision was by trying to claim it had no precedential value. Unfortunately, no one listened to them. [Mother Jones]

    * In addition to the many law firms that are contributing to Typhoon Haiyan relief efforts, several Asian-American lawyer groups are organizing a fundraising event this coming Monday. If you’re in New York, please consider attending! [Facebook; AABANY]

    * In sad news, the son of Ninth Circuit Judge Jay Bybee shot and killed himself in the courtyard of the LDS Temple in Henderson, NV. Our thoughts are with Judge Bybee and his family. [Las Vegas Review-Journal (gavel bang: Las Vegas Law Blog)]

    0 Comments / / Nov 20, 2013 at 5:02 PM
  • Mark Wahlberg RF

    9th Circuit, Alex Kozinski, Benchslaps, Facebook, Fashion, Law Schools, LSAT, Non-Sequiturs, Shira Scheindlin

    Non-Sequiturs: 11.13.13

    * I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn't Notice]

    * And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer]

    * Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker]

    * IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal]

    * Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com]

    * Will the Ninth Circuit follow up its oral benchslap with a written one? One professor doubts it. [Volokh Conspiracy]

    11 Comments / / Nov 13, 2013 at 5:22 PM
  • Calabresi Kozinski RF

    9th Circuit, Alex Kozinski, Conferences / Symposia, Diarmuid O'Scannlain, Federal Judges, Federalist Society, Guido Calabresi, Immigration, Law Schools, Pictures

    Chief Judge Kozinski On The Immigrant Experience And Judging

    Here are some highlights for Chief Judge Kozinski’s remarks at Yale Law School yesterday.

    11 Comments / / Nov 12, 2013 at 1:37 PM
  • Ted Cruz

    9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

    2 Comments / / Nov 11, 2013 at 8:59 AM
  • Jodi Arias

    9th Circuit, Antitrust, BAR/BRI, Biglaw, Defamation, Law Firm Mergers, Morning Docket, Murder, Pregnancy / Paternity, Secretaries / Administrative Assistants

    Morning Docket: 10.25.13

    * Trouble in paradise, so soon? The proposed merger between Dentons and McKenna Long & Aldridge has been delayed. McKenna has postponed its partnership vote, and Dentons says no partnership vote was ever planned. [Daily Report]

    * Wherein a firm fails to Latham an ex-employee’s baby mama drama: a legal secretary who was allegedly told her pregnancy complications “were not [the director of HR's] problem” will see her case against L&W move forward. [Blog of Legal Times]

    * You know that relations have grown bitter between opposing counsel when attorneys from one firm refer to lawyers from the other as “Monday Morning Quarterbacks.” The legal fee dispute in the BARBRI antitrust case rages on at the Ninth Circuit. [National Law Journal]

    * Paging ProudCooleyGrad: Kurzon Strauss, the firm that sued Cooley Law over its allegedly deceptive job stats, is trying to get records unsealed in the school’s defamation case that’s now on appeal. [MLive.com]

    * Convicted murderer and jailhouse hottie Jodi Arias is accepting donations for her appeals fund. It could be worth your while — if you donate enough, maybe she’ll consider turning you into her next victim. [HLN TV]

    3 Comments / / Oct 25, 2013 at 9:10 AM

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