New & Noteworthy - September 9, 2024

Featured Book: Black's Law Dictionary, Twelfth Edition Bryan A. Garner Thomson Reuters (2024)

Black’s Law Dictionary is the world's most cited and most used legal reference book. Every page in the Twelfth Edition of this iconic dictionary has been supplemented and revised. Among the 2,500 new terms in this edition are deepfake, ghost gun, make-my-day statute, and shadow docket. Black's Law Dictionary, Twelfth Edition is available in print at many libraries around the circuit and online via Westlaw.  For help with locating earlier editions of Black's or with finding legal definitions in other sources, be sure to contact your librarian. Learn more about Black’s on our website.

7 Dissents As 9th Circuit Revives Case Saying Cisco Helped Chinese Harm Falun Gong (Daily Journal) "Over the dissent of seven judges, the 9th U.S. Circuit Court of Appeals on Tuesday affirmed a panel decision reviving a complaint against Cisco Systems Inc. and its executives, accusing the company of designing a security system that allowed the Chinese government to eavesdrop on the communications of the Falun Gong religious group. The lawsuit was not filed against the People's Republic of China but against the San Jose technology company for designing a surveillance network known as the Golden Shield that was allegedly used by the Beijing government to persecute and torture Falun Gong members."

9th Circ. Says Immigration Board Mischaracterized Calif. Law (Law360) "A split Ninth Circuit panel ordered the Board of Immigration Appeals on Friday to reconsider a Jamaican man's request to reopen his removal case, saying the board mischaracterized the California law under which the conviction that formed the basis of his removal was vacated. The BIA board wrongly stated that Claude Stephen Bent's conviction for attempted murder was vacated under California Penal Code § 1473.7(a)(1) only to mitigate the immigration consequences when, in reality, the conviction was vacated as being unconstitutional, U.S. Circuit Judge Salvador Mendoza Jr. wrote for the majority in an amended opinion."

Idaho Medicaid Official Moves Toward Trial for Trans Care Denial (Bloomberg) "An Idaho Medicaid official will face trial for her role in turning down a transgender person’s request for funds to pay for gender-affirming surgical care, the US Court of Appeals for the Ninth Circuit said Friday. The law within the circuit was clear at the time: a state law or policy treating transgender people differently than cisgender people with respect to accessing health-care service is facially discriminatory and potentially violates the 14th Amendment’s equal protection clause, the court said in an unpublished per curiam opinion."

Airline Asks 9th Circ. Panel to Reconsider Military Leave Suit (Law360) "A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win. In a motion for panel rehearing filed Wednesday, Alaska Airlines told the panel that the panel's order flipping its summary judgment win on Leo Synoracki's Uniformed Services Employment and Reemployment Rights Act suit would muddy the waters on remand, arguing that the panel focused on the wrong question."

Calif. Forecast: 9th Circ. to Hear Charter Overtime Suit Args (Law360) "In the coming week, attorneys should watch for Ninth Circuit oral arguments in a wage suit against Charter Communications alleging overtime pay violations. Here's a look at that case and other labor and employment matters on deck in California. On Wednesday, the panel will hear arguments in a worker's attempt to overturn a California federal court ruling confirming an arbitration award, in a case that previously went to the Ninth Circuit."

Federal Judge Rules for Homeless Veterans Suing VA (Daily Journal) "A federal judge ruled Friday in favor of a class of veterans who claimed that the Department of Veterans Affairs violated its mandate to end veteran homelessness when it leased land on its West Los Angeles campus to third-party developers. The ruling by U.S. District Judge David O. Carter voids leases the VA holds with The Brentwood School, Safety Park, Bridgeland Resources and UCLA and directs the department to devote more campus land to veteran housing." 

Judge Denies Mobile Gaming Company's Motion to Compel Arbitration in Class Action (The Recorder) "A California federal court judge has rejected mobile gaming company AviaGames’ motion to compel arbitration in a class action that accuses it of defrauding users into believing they are playing skill-based games against 'live human opponents' instead of computer bots. U.S. District Judge Edward Chen [N.D. - CA] on Wednesday ruled in an order that 'the agreement to arbitrate is unconscionable and thus not enforceable' and rescheduled motions to dismiss filed by Avia, its co-founders, and co-defendants ACME and Galaxy Digital Capital Management for Nov. 6."

Marc Jacobs Brushes Off Eyeshadow TM Suit (Law360) "A Korean skin care company that alleged an eyeshadow line from Marc Jacobs infringed its trademark for an anti-aging eye cream has lost its case, with a California federal judge finding the Eye-Conic cosmetics from Marc Jacobs Beauty would not likely be confused with Amarte's Eyeconic eye cream. In an order entered Wednesday, U.S. District Judge Charles R. Breyer of the Northern District of California ruled in favor of Marc Jacobs and several retailers that sold its eyeshadow and denied a motion for summary judgment filed by Amarte USA Holdings Inc."

SEC Fraud Suit Against Battery Co. Survives Dismissal Bid (Law360) "A California federal judge has rejected battery developer NDB Inc.'s motion to dismiss a U.S. Securities and Exchange Commission suit alleging the company and its CEO misled investors about the prospects of so-called nano-diamond battery technology, saying the SEC sufficiently pled that the defendants were the 'maker' of statements that were materially misleading to investors."

Time Running Out to Confirm Remaining Biden Judicial Nominees (Bloomberg) "President Joe Biden’s timeline for appointing judges to the federal bench is shortening amid the pressures of an election year and a narrowly-divided Senate. Only eight weeks of the session remain for Senate Democrats to confirm over 30 judicial nominees—including six appellate picks—and continue Biden’s efforts to remake the racial, gender and professional diversity of the judiciary. He’s made 205 life-time appointments so far."

Even After Unanimous Senate Approval, A Bill Addressing Dire Judge Shortage Faces Uphill Climb in the House (CNN) "Across the country, federal courts are buckling under an ever-increasing caseload in the absence of long-awaited congressional action that would add judges to match a significant growth in litigation over the last several decades.... Whether it is addressed any time soon will depend on whether the House can pass in the coming weeks legislation that would create 66 new judgeships – 63 of them permanent – to the country’s most overburdened court districts. The legislation – known as the known as the JUDGES Act or 'Judicial Understaffing Delays Getting Emergencies Solved' Act – was quietly approved by the Senate without any opposition just before the August recess."

Roth TSP and Roth IRA 5-Year Rule on Withdrawals and Conversions (FedSmith) "Roth IRA, Roth TSP, and Roth 401(k) accounts offer unique advantages for retirement savings, primarily their tax-free growth and withdrawals in retirement. However, to reap these benefits fully, it’s crucial to understand the 5-year rules that govern withdrawals from these accounts."