Tag Archives: Ninth

How to Count to 67%: CAFA Jurisdiction in the Ninth Circuit

Seyfarth Synopsis: The Ninth Circuit, addressing how to prove exceptions under CAFA, reminds us that removal under CAFA might be an invitation for extensive preliminary discovery battles, and prolonged motion practice. The following post highlights some procedural realities of finding … Continue reading

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U.S. Court of Appeals for the Ninth Circuit, Cobbler Nevada, LLC v. Gonzales, Docket No. 17-35041

Attorney’s fees: Copyright: Prevailing party: Dismissal with prejudice: Voluntary dismissal: The Copyright Act states that the district court “may . . . award a reasonable attorney’s fee to the prevailing party as part of the costs . . . .” … Continue reading

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Marijuana, mandatory minimums and jury nullification, oh my: split Ninth Circuit affirms panel federal convictions, though remands to address DOJ spending rider

A big, long and split decision by a panel of the Ninth Circuit yesterday in US v. Lynch, No. 10-50219 (9th Cir, Sept. 13, 2018) (available here), prompted the weak "Wizard of Oz" reference in the title of this post. … Continue reading

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Ninth Circuit Clarifies Boundaries of California’s Restriction on Noncompete Agreements

Taking a second look at the use of “no future employment” provisions in a settlement agreement between a doctor and his former employer, the Ninth Circuit Court of Appeals recently held that two of the three provisions constituted “restraints of … Continue reading

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The Ninth Circuit don’t care: successful Rogers defense reversed because plaintiff’s trademark is “artistic”

Gordon v. Drape Creative, Inc., No. 16-56715 (9th Cir. Jul. 30, 2018)The Ninth Circuit routinely invents some new epicycle for trademark defenses; here it unfortunately mushes together Rogers and transformativeness (absent the word itself, replaced with “artistic”).  There are a … Continue reading

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