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Many commentators have argued that the Ninth Circuit faces several adverse consequences of its large size, [14] such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual en banc process." [15] Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court.
The district court granted summary judgment for Merrell Dow, and Daubert and Schuller appealed to the Ninth Circuit. The Ninth Circuit found the district court correctly granted summary judgment because the plaintiffs' proffered evidence had not yet been accepted as a reliable technique by scientists who had had an opportunity to scrutinize and ...
The United States Court of Appeals for the Ninth Circuit granted the vacatur, finding that a plea is not voluntary unless the prosecution disclosed impeachment information to the defendant. This constituted a violation of the rule in United States v. Brady that pleas have to be voluntarily, knowingly, and intelligently made. [1]
King County next appealed to the Ninth Circuit. The Ninth Circuit panel affirmed the district court’s summary judgment that the order violated the Supremacy Clause and the Instrument of Transfer ...
The 2-1 ruling by the three-judge panel of the U.S. 9th Circuit Court of Appeals highlighted the powerful court's conservative-liberal divide, particularly on matters of police accountability, and ...
Instead, the appeals court allowed the workers' claims that the shots are not vaccines to go on to the fact-finding stage of the case, Reiss said, citing the 9th Circuit's opinion. The opinion ...
The Court of Appeals for the 9th Circuit also relied on the decision given by the same court in Newton v. Diamond , 388 F.3d 1189, 1190 (9th Cir. 2003) which held de minimis as a valid defense in claims of infringement in sound recordings and to determine whether use was de minimis it must be considered whether an average audience would ...
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. [1] The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of ...