Section 1981 does not provide a cause of action against states, the 9th Circuit has ruled in affirming dismissal of an employment discrimination suit. An African-American employee filed a complaint against a state agency alleging employment discrimination based on her race.
Since no one is more concerned with First Amendment rights than we are - and yet, since almost no one feels as strongly that American college athletes so often get the financial shaft in the big-money games that are NCAA sports - the issue before the United States 9th Circuit Court of Appeals in Pasadena in which a former college quarterback is suing a video game company over the use of his representation without compensation presents a conundrum for us. Sam Keller, the former University of Nebraska star, is representing thousands of former collegiate athletes in his class- action suit alleging that video game publisher Electronic Arts and the NCAA owe them millions of dollars. That's because the company sells, and the NCAA licenses, characters that are quite clearly based on very real ...
The mere issuance of a citation, even if considered an arrest under state law, is insufficient to constitute an "arrest" under the U.S. Sentencing Guidelines, the en banc 9th Circuit has ruled. The defendant was charged with returning to the United States as an illegal alien after being deported. His criminal history included two citations for driving with a suspended license. At the sentencing hearing, the defendant argued that one of the citations because it did not constitute an "arrest" under the sentencing guidelines.
SCOTTSDALE, Ariz., April 1, 2011 /PRNewswire/ -- The United States Court of Appeals for the 9th Circuit has issued a unanimous opinion validating the legality of service contracts between cities and safety camera companies. ATS applauds the 9th Circuit's ruling, which affirms widely recognized industry standards relating to "cost neutrality" in municipal contracts with cities. The Court also upheld the fine amounts assessed by cities for safety camera violations. The ruling (No. 10-35222 decided March 31, 2011) is a ground-breaking decision on photo enforcement programs with national implications.
Fior D'Italia Inc. v. United States - US 9th Circuit Court of Appeals
Senate Republicans on Thursday blocked a vote on the nomination of University of California, Berkeley, law professor Goodwin Liu to the federal appeals court in San Francisco, making Liu the first judicial nominee named by President Obama to be successfully filibustered. The move appears to doom Liu's chances of becoming the first Asian-American on the U.S. Court of Appeals for the 9th Circuit, which includes California, Hawaii, Washington and Oregon, all states with significant or growing Asian populations.
To: STATE EDITORS Contact: Brandon Holmes for Citizens in Charge Foundation, +1- 703-492-1776
A federal appeals court ruled Monday that Arizona overstepped its bounds with last year's immigration enforcement law, handing the Obama administration another victory as it tries to squelch states' efforts on immigration enforcement. A three-judge panel of the 9th U.S. Circuit Court of Appeals, ruling 2-1, upheld a lower court's decision that Congress doesn't want states meddling in immigration. The appeals court said that nullifies Arizona's attempt to empower local police to detain and question those they suspect are in the country illegally.
states that the Treasury Department and the IRS intend to propose regulations modifying regulations under Section 4942 in a manner consistent with the holding of the Tax Court and the 9th Circuit in the Ann Jackson Family Foundation case. It also states that until further guidance is promulgated, private foundations should compute the distributable amount under Section 4942(d) without regard to Reg. 53.4942(a)-2(b)(2). Accordingly, income distributions received from Section 4947(a)(2) trusts are not included in a private foundation's distributable amount for purposes of Section 4942. The notice also includes instructions for filling out the private foundation's applicable information and excise tax returns and how to claim a refund pursuant to this notice.
Several local experts on Monday hailed President Barack Obama's choice of Solicitor General Elena Kagan as his nominee to fill the opening on the U.S. Supreme Court, while some called for a thorough and bipartisan confirmation process. Dorothy Nelson, a Pasadena-based senior judge of the United States Court of Appeals for the 9th Circuit, said she was thrilled with Kagan's nomination.
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