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Appeals Court Lets Government Halt Torture Lawsuit

SAN FRANCISCO - (AP) A sharply divided federal appeals court on Wednesday threw out a lawsuit challenging a controversial post-Sept. 11 CIA program that flew terrorism suspects to secret prisons. The complaint was filed by five terrorism suspects who were arrested shortly after 9/11 and say they were...

Court Again Says Feds Wrongly Seized MLB Drug List

SAN FRANCISCO - (AP) A federal appeals court on Monday reaffirmed its ruling that investigators illegally seized a list of baseball players who allegedly tested positive for steroids during a 2004 drug lab raid. It's the fourth time the 9th U.S. Circuit Court of Appeals has ruled on the issue during...

Court To Hear Arizona Immigration Appeal Nov. 1

PHOENIX - (AP) A federal appeals court says it will hear arguments Nov. 1 in Arizona Gov. Jan Brewer's appeal of a ruling that put parts of the state's new immigration law on hold. Brewer asked the 9th U.S. Circuit Court of Appeals in San Francisco to reverse the ruling. . . . Full version available...

Judge To Rule Friday On Lesbian's Return To Air Force

TACOMA, Wash. - (AP) A lawyer for a decorated flight nurse discharged for being gay urged a federal judge Tuesday to reinstate her to the Air Force Reserve, and the judge indicated he might have no other choice. U.S. District Judge Ronald B. Leighton said he would issue a ruling Friday. . . . Full version...

9th Circuit Splits On Tattooing’s 1st Amendment Protection; Finds It Fully Protected/Purely Expressive Activity

In a case of first impression, the Ninth Circuit recently addressed whether a municipal ban on tattoo parlors violated the First Amendment. Splitting with several jurisdictions, the Ninth Circuit held that tattooing was purely expressive activity fully protected by the First Amendment and that a total...

Arizona Gov. Opposes Mexico's Participation In Appeal

PHOENIX - (AP) Arizona Gov. Jan Brewer is opposing a court ruling that lets other countries file a friend-of-the-court brief in her appeal of a decision that put parts of the state's new immigration law on hold. Mexico and 10 other Latin American countries were granted permission. . . . Full version...

Law Punishing Fake Heroes May Go To Supreme Court

DENVER - (AP) The Justice Department is battling to save a federal law that makes it illegal to lie about being a war hero, appealing two court rulings that the statute is an unconstitutional muzzle on free speech. The fight could be carried all the way to the U.S. Supreme Court. . . . Full version available...

Judge: Stop 'Don’t Ask, Don’t Tell Immediately

SAN DIEGO - (AP) A federal judge ordered the military Tuesday to immediately stop enforcing its ban on openly gay troops, bringing the 17-year "don't ask, don't tell" policy closer than it has ever been to being abolished. Justice Department attorneys have 60 days to appeal the injunction...

U.S. Seeks Delay In 'Don't Ask, Don't Tell' Ruling

WASHINGTON - (AP) The Justice Department asked a federal judge Thursday to allow the military's "don't ask, don't tell' policy to continue while it appeals her order to end the ban on gays serving openly. The government's court filing came two days after U.S. District Judge Virginia...

Government Seeks Stay Of 'Don't Ask, Don't Tell' Ruling

WASHINGTON - (AP) The Obama administration on Wednesday asked a federal appeals court to immediately suspend a judge's ruling that overturned the military's "don't ask, don't tell" policy on gays. The administration says it wants the U.S. Court of Appeals for the 9th Circuit...

Appeals Court Keeps Military's Gay Policy For Now

SAN FRANCISCO - (AP) A federal appeals court has frozen a judge's order halting the military's "don't ask, don't tell" policy, even as the Pentagon has announced it will accept openly gay recruits. A three-judge panel of the 9th U.S. Circuit Court of Appeals on Wednesday temporarily...

Panel Hints At Tossing Part of Arizona Immigration Law

SAN FRANCISCO - (AP) Arizona's immigration law faced tough scrutiny from a federal appeals panel Monday as the state's governor appeared in person to support the controversial provision on the day before the election in which she's seeking her first full term. The 9th U.S. Circuit Court of...

9th Circuit Extends Life Of Gay Military Policy

SAN FRANCISCO - (AP) A federal appeals court on Monday indefinitely extended its freeze on a judge's order halting enforcement of the military's "don't ask, don't tell" policy, heightening pressure on the Obama administration to persuade the U.S. Senate to repeal the law before...

ACLU Challenging Half-Pay For Discharged Gays

ALBUQUERQUE, N.M. - (AP) The American Civil Liberties Union is suing the government on behalf of a gay former Air Force sergeant denied full separation pay after he was forced out under the military's "don't ask, don't tell" policy. Former Air Force Staff Sgt. Richard Collins says...

L.A. Court Can Hear Peruvian Case Against Oil Giant

LOS ANGELES - (AP) An appeals court ruled Monday that a case filed by indigenous plaintiffs from the Peruvian Amazon against Occidental Petroleum Corp. should be heard in Los Angeles. The 9th U.S. Circuit Court of Appeals ruling overturns an earlier district decision that the case should be litigated...

Court Weighs Constitutionality Of Gay Marriage Ban

SAN FRANCISCO - (AP) A line of questioning at an appeals court hearing over California's gay marriage ban suggested the three judges could issue a decision that would legalize same-sex marriage in that state but leave intact bans in other western states under the court's jurisdiction. The 9th...

Court Revives N. California Town’s Pollution Lawsuit

SAN FRANCISCO - (AP) An appeals court revived a class-action lawsuit Thursday for 160 residents of a Northern California town who claim an industrial plant's pollution severely sickened them. The 9th U.S. Circuit Court of Appeals ruled a trial judge was wrong to dismiss the case on grounds that the...

9th Circuit: Jailers Erred In Removal Of Muslim's Scarf

SAN FRANCISCO - (AP) A federal appeals court says Southern California jailers violated the religious freedom of a Muslim woman who was ordered to take off her headscarf in a courthouse holding cell. An 11-judge panel of the 9th U.S. Circuit Court of Appeals unanimously reinstated a civil rights lawsuit...

Court Won't Lift Stay On Arizona Immigration Law

PHOENIX - (AP) A federal appeals court on Monday refused to lift a stay blocking major parts of Arizona's immigration law from taking effect and said the federal government is likely to be able to prove the controversial law is unconstitutional. The 9th U.S. Circuit Court of Appeals turned down....

9th Circuit Hears Arguments In Obama Birth Lawsuit

PASADENA, Calif. - (AP) A federal appeals court heard arguments Monday about a lawsuit challenging the U.S. citizenship of President Barack Obama, despite the release of his detailed birth certificate last week. A pair of Southern California attorneys, on behalf of more than 40 plaintiffs, asked a three...

9th Circuit Orders Government To State Position On 'Don't Ask, Don't Tell'

SAN DIEGO - (AP) A federal appeals court that has called for the immediate halt of the military's ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the constitutionality of the policy in court. Monday's order comes less than...

Court: 'Don't Ask, Don't Tell' Will Stay In Place

LOS ANGELES - (AP) The military's "don't ask, don't tell" policy is back in place for the time being, with one major caveat: the government is not allowed to investigate, penalize or discharge anyone who is openly gay. A San Francisco federal appeals court ordered the military to...

Plaintiffs Lack Standing To Challenge Health Care Act, 9th Circuit Affirms

SAN FRANCISCO - (Mealey's) A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 13 affirmed a lower court ruling that plaintiffs challenging the Patient Protection and Affordable Act (PPACA) lacked standing to challenge the act because they failed to show an injury in fact or a genuine threat...

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees

By Anahit Tagvoryan, Joshua Briones and Anthony Portelli In a recent decision, the Ninth Circuit refused to approve a $10.6 million settlement in a class action accusing Kellogg Co. of falsely advertising the benefits of its Frosted Mini-Wheats cereal [ Dennis v. Kellogg Co. , No. 11-55674, 9 th Cir...

Norton Rose Fulbright: 9th Circuit Eases Limits On Removals To Federal Court

By Joshua D. Lichtman The Ninth Circuit has held that, because a complaint was “indeterminate” with respect to allegations of the parties’ citizenship and the amount in controversy, a defendant who “conducted its own investigation . . . and discovered that the case was removable...