Tag Archives: Ninth

Case o' The Week: Ninth Nod to the Nutty – Equivocation When Going Pro Se in Faretta Hearings

 Feeling Lucky?Charles 'Lucky' LucianoUnited States v. Audette, 2019 WL 2096455 (9thCir. May 14, 2019), decision available here.Players: Decision by Judge M. Smith, joined by Judges Hawkins and Hurwitz. Hard-fought appeal by District of Arizona AFPD Elizabeth J. Krushchek.Facts: Steven Audette … Continue reading

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Asylum Update: Trump’s ‘Remain in Mexico’ Policy Can Continue, the Ninth Circuit Rules

On May 7, the Ninth Circuit stayed an injunction against the Trump administration’s “Remain in Mexico” policy. That policy, officially called the Migrant Protection Protocols (MPP), requires the return of certain migrants to Mexico pending a full immigration court hearing. … Continue reading

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Case o' The Week: Convictions of King and Queen Upheld by Ninth – Anieze-Smith and Restitution

  Queen avoids custody.   (But not restitution).United States v. Anieze-Smith, 2019 WL 1944737 (9thCir. May 2, 2019), decision available here. Players: Decision by Judge Gould, joined by Judge Nguyen and District Judge Benitez.   Hard-fought appeal by, among others, CD Cal AFPD … Continue reading

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Ninth Circuit affirms $8 million SOX Whistleblower Award

On February 26, 2019, the Ninth Circuit affirmed $8 million of an $11 million jury award to a former general counsel whistleblower, vacating his Dodd-Frank Act claim, vacating and remanding his Sarbanes-Oxley Act claim, and affirming his California wrongful termination … Continue reading

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Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA

The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration. The district court granted the motion and stayed further proceedings pending a ruling by the arbitrators as to the … Continue reading

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