The Myth of the Liberal Ninth Circuit
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United States Court of Appeals for the Ninth Circuit
Case: 11-56849 05/28/2013 ID: 8643672 DktEntry: 26-1 Page: 1 of 12 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JESUS LEYVA, on behalf of himself No. 11-56849 and all other members of the general public similarly situated, D.C. No. Plaintiff-Appellant, 5:11-cv-00164- RGK-MAN v. MEDLINE INDUSTRIES INC., a OPINION California corporation, Defendant-Appellee. Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Argued and Submitted December 7, 2012—Pasadena, California Filed May 28, 2013 Before: Harry Pregerson, Richard A. Paez, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Pregerson Case: 11-56849 05/28/2013 ID: 8643672 DktEntry: 26-1 Page: 2 of 12 2 LEYVA V. MEDLINE INDUSTRIES, INC. SUMMARY* Class Certification The panel reversed the district court’s order denying class certification, and remanded with directions for the district court to enter an order granting the motion for class certification where plaintiffs sought to represent 538 employees of Medline Industries, Inc., and alleged violations of California’s labor laws. The panel held that the district court applied the wrong legal standard and abused its discretion when it denied class certification on the grounds that damages calculations would be individual. The panel also held that the district court abused its discretion by finding that the class would be unmanageable despite the record’s demonstration to the contrary. COUNSEL David M. deRubertis (argued) and Kimberly Y. Higgins, The deRubertis Law Firm, Studio City, California; N. Nick Ebrahimian and Jordan Bello, Lavi & Ebrahimian LLP, Beverly Hills, California, for Plaintiff-Appellant. -
For Publication United States Court of Appeals for The
(1 of 47) Case: 15-15307, 04/05/2016, ID: 9928648, DktEntry: 71-1, Page 1 of 42 FILED FOR PUBLICATION APR 05 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARIZONA DREAM ACT COALITION; No. 15-15307 CHRISTIAN JACOBO; ALEJANDRA LOPEZ; ARIEL MARTINEZ; NATALIA D.C. No. 2:12-cv-02546-DGC PEREZ-GALLEGOS; CARLA CHAVARRIA; JOSE RICARDO HINOJOS, OPINION Plaintiffs - Appellees, v. JANICE K. BREWER, Governor of the State of Arizona, in her official capacity; JOHN S. HALIKOWSKI, Director of the Arizona Department of Transportation, in his official capacity; STACEY K. STANTON, Assistant Director of the Motor Vehicle Division of the Arizona Department of Transportation, in her official capacity, Defendants - Appellants. Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Argued and Submitted July 16, 2015 Pasadena, California (2 of 47) Case: 15-15307, 04/05/2016, ID: 9928648, DktEntry: 71-1, Page 2 of 42 Before: Harry Pregerson, Marsha S. Berzon, and Morgan B. Christen, Circuit Judges. Opinion by Judge Harry Pregerson, Circuit Judge: Plaintiffs are five individual recipients of deferred action under the Deferred Action for Childhood Arrivals (“DACA”) program, and the Arizona DREAM Act Coalition (“ADAC”), an organization that advances the interests of young immigrants. DACA recipients are noncitizens who were brought to this country as children. Under the DACA program, they are permitted to remain in the United States for some period of time as long as they meet certain conditions. Authorized by federal executive order, the DACA program is administered by the Department of Homeland Security and is consistent with the Supreme Court’s ruling that the federal government “has broad, undoubted power over the subject of immigration and the status of aliens” under the Constitution. -
Measuring Judicial Ideology Using Law Clerk Hiring Adam Bonica
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2016 Measuring Judicial Ideology Using Law Clerk Hiring Adam Bonica Adam S. Chilton Jacob Goldin Kyle Rozema Maya Sen Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adam Bonica, Adam S. Chilton, Jacob Goldin, Kyle Rozema & Maya Sen, "Measuring Judicial Ideology Using Law Clerk Hiring" (Coase-Sandor Working Paper Series in Law and Economics No. 767, 2016). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Measuring Judicial Ideology Using Law Clerk Hiring Adam Bonica, Adam Chilton, Jacob Goldin, Kyle Rozema, & Maya Sen∗ July 21, 2016 ∗Bonica: Stanford University, Department of Political Science, e-mail: [email protected]. Chilton: University of Chicago Law School, e-mail: [email protected]. Goldin: Stanford Law School, e-mail: js- [email protected]. Rozema: Northwestern University Pritzker School of Law, e-mail: [email protected]. Sen: Harvard University, John F. Kennedy School of Government, e-mail: maya [email protected]. For helpful com- ments, we are grateful to Omri Ben-Shahar, Erin Delaney, Joshua Fischman, Tom Ginsburg, William Hubbard, Tonja Jacobi, Jim Lindgren, Robin Kar, Anup Malani, Jonathan Masur, Richard McAdams, Jennifer Nou, Eric Posner, Max Schanzenbach, Matt Spitzer, Eugene Volokh, and seminar participants at the University of Chicago Law School and at the Northwestern University Pritzker School of Law. -
The Cost of Partisan Politics on Minority Diversity of the Federal Bench
Indiana Law Journal Volume 83 Issue 4 Article 11 Fall 2008 Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench Sylvia R. Lazos Vargas William S. Boyd School of Law at the University of Nevada Las Vegas Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Rights and Discrimination Commons, Courts Commons, Judges Commons, and the Law and Politics Commons Recommended Citation Lazos Vargas, Sylvia R. (2008) "Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench," Indiana Law Journal: Vol. 83 : Iss. 4 , Article 11. Available at: https://www.repository.law.indiana.edu/ilj/vol83/iss4/11 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench SYLVIA R. LAZOS VARGAS* INTRODUCTION ..................................................................................................... 1423 I. WHAT ARE THE BENEFITS TO THE JUDICIARY FROM DIVERSITY? ....... .. .. .. .. 1426 A . D escriptive Diversity ........................................................................ 1428 B. Sym bolic D iversity............................................................................ 1430 C. Viewpoint D iversity ......................................................................... -
Harry Pregerson Honored with Stanley Mosk Award
13273 Sept Barnotes 8/17/01 10:51 AM Page 1 1 • Bar Notes www.sfvba.org September 2001 Volume 8 • IssueBarBar 6 • September 2001 A PublicationNotesNotes of the San Fernando Valley Bar Association Save HARRY PREGERSON HONORED the Date! Saturday WITH STANLEY MOSK AWARD September 29, 2001 Two of California’s judicial community. Since the 1960’s, Judge Pregerson has Diamond legends will be honored by served as an advisor to International Orphans Inc., the San Fernando Valley Bar Jewish Big Brothers, the Salvation Army, the Marine Anniversary Association at its Diamond Corps Reserve Toys for Tots Program, and a number Gala Anniversary Gala & Installation of other charities. He is a long-time advocate for the Dinner Dance on September 29. homeless and veterans. Pregerson was honored earlier See page 10 for details. Circuit Judge Harry Pregerson, this year by the U.S. Department of Veterans Affairs a Valley icon for fifty years and for his work toward improving the lives of homeless the oldest active judge on the veterans. He founded the Bell Homeless Shelter in In This Issue Ninth Circuit Court of Appeals, will be presented southeast Los Angeles and started the Westwood with the Stanley Mosk Legacy of Justice Award, Transitional Village to provide furnished apartments named after the influential associate justice of the for homeless families. While a U.S. District Court President’s Message ..........................3 California Supreme Court, who died June 19 after judge, Judge Pregerson ensured construction of Labor Commission Repeals serving a record 37 years on the State’s highest court. 3,800 affordable housing units to replace homes Position on Exempt “Justice Mosk will be remembered for his longevity, removed to make way for the Century Freeway. -
United States Court of Appeals for the Ninth Circuit
Case: 15-56045, 06/20/2017, ID: 10480232, DktEntry: 58-1, Page 1 of 17 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DOUGLAS JORDAN-BENEL, an No. 15-56045 individual, Plaintiff-Appellee, D.C. No. 2:14-cv-05577- v. MWF-MRW UNIVERSAL CITY STUDIOS, INC., a Delaware corporation; BLUMHOUSE OPINION PRODUCTIONS, LLC, a Delaware Limited Liability Company; OVERLORD PRODUCTIONS, LLC, a California Limited Liability Company; PLATINUM DUNES PRODUCTIONS, a California Corporation; WHY NOT PRODUCTIONS, INC., DBA Why Not Films, a Nevada Corporation; JAMES DEMONACO, an individual, Defendants-Appellants, and UNITED TALENT AGENCY, INC., a California corporation, Defendant. Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding Case: 15-56045, 06/20/2017, ID: 10480232, DktEntry: 58-1, Page 2 of 17 2 JORDAN-BENEL V. UNIVERSAL CITY STUDIOS Argued and Submitted December 5, 2016 Pasadena, California Filed June 20, 2017 Before: Harry Pregerson, Dorothy W. Nelson, and John B. Owens, Circuit Judges. Opinion by Judge Pregerson SUMMARY* Anti-SLAPP Motion The panel affirmed the district court’s order denying defendants’ anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract in a copyright case. The plaintiff alleged that the defendants infringed his copyright in a screenplay and used his screenplay idea to create films without providing him compensation as a writer. The panel held that the breach of contract claim did not arise from an act in furtherance of the right of free speech because the claim was based on defendants’ failure to pay for the use of plaintiff’s idea, not the creation, production, distribution, or content of the films. -
C:\Users\Johne\Downloads\ALA Court Memorial Program.Wpd
OPENING OF COURT UNITED STATES COURT OF APPEALS Cathy A. Catterson FOR THE NINTH CIRCUIT Circuit and Court of Appeals Executive Special Court Session in Memory of PRESIDING and OPENING REMARKS The Honorable Sidney R. Thomas Chief Judge THE HONORABLE United States Court of Appeals for the Ninth Circuit ARTHUR L. ALARCÓN REMARKS The Honorable Dorothy W. Nelson Senior Circuit Judge United States Court of Appeals for the Ninth Circuit The Honorable Deanell R. Tacha Dean, Pepperdine University School of Law Chief Judge Emeritus, United States Court of Appeals for the Tenth Circuit (Retired) Richard G. Hirsch, Esq. Partner, Nasatir, Hirsch, Podberesky & Khero Thursday, June 4, 2015, 4:00 P.M. The Honorable Mary E. Kelly Courtroom Three Administrative Law Judge, California Unemployment Insurance Appeals Board Law Clerk to Judge Alarcón, 1980 - 1982, 1993 - 1994 RICHARD H. CHAMBERS UNITED STATES COURT OF APPEALS BUILDING The Honorable Gregory W. Alarcon Superior Court, County of Los Angeles 125 South Grand Avenue Pasadena, California ADJOURNMENT Reception Immediately Following 1925 Born August 14th in Los Angeles, California 1943 - 1946 Staff Sergeant, Army Infantry. Awarded multiple honors for battlefield bravery and leadership 1949 B.A., University of Southern California (USC) 1951 LL.B., USC School of Law Editorial Board Member, USC Law Review 1952 - 1961 Deputy District Attorney, County of Los Angeles 1961 - 1964 Legal Advisor, Clemency/Extradition Secretary and Executive Assistant to Gov. Edmund G. “Pat” Brown 1964 - 1978 Judge, Superior Court, County of Los Angeles 1978 - 1979 Associate Justice, California Court of Appeal 1979 - 2015 First Hispanic judge of the United States Court of Appeals for the Ninth Circuit. -
Extensions of Remarks Section
November 29, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1613 EXTENSIONS OF REMARKS RECOGNIZING THE FRIENDSHIP with hospitals and doctors to help assure in- lege (NCC) as it celebrates its 50th anniver- CHRISTIAN METHODIST EPIS- clusion and enhance the independence of sary. It was founded in 1965 by twelve North- COPAL CHURCH AS A NATIONAL people with Down syndrome. ampton County school directors who were HISTORIC PLACE After many years in the financial industry, committed to providing an affordable, com- Mary Ann stayed home to raise her two boys. prehensive community college education HON. MIKE JOHNSON While staying home she held several volunteer where adults could develop critical skills for a OF LOUISIANA positions, including President and Treasurer of shifting regional economy. In 1967, it opened the PTO, Treasurer of Foothills Swim Team, its doors to 404 students. What started as a IN THE HOUSE OF REPRESENTATIVES Destination Imagination Coach, and religious singular campus with trailers for laboratories Wednesday, November 29, 2017 education teacher and board member of the has since expanded into two beautiful cam- Mr. JOHNSON of Louisiana. Mr. Speaker, it Denver Ballet Guild and Bear Creek Swim and puses with state-of-the-art facilities. is my privilege to rise and honor the Friend- Tennis. Today, NCC offers degrees to over 14,000 ship Christian Methodist Episcopal Church She re-entered the workforce when her old- students. An additional 17,000 students enroll (CME) of Lisbon, LA, for its historic impact est son went to college, and began her stint in workforce training, adult literacy, and youth upon our nation and to the State of Louisiana. -
Ers Port Y 2016
LAFLA’s New Headquarters Thank You for Your Support Special Thanks to: Brad Brian Glenn Pomerantz Jim Hornstein Breaking Ground January 2016 CONGRATULATIONS TO TONIGHT’S HONOREES LAFLA Staff and Board Your dedication, passion and commitment THE HON. ZEV YAROSLAVSKY in the fight for equal justice is unparalleled THE HON. HARRY PREGERSON ORRICK, HERRINGTON & SUTCLIFFE Congratulations to tonight’s honorees Hon. Zev Yaroslavsky We are grateful for your partnership and dedication Hon. Harry Pregerson to our mission to provide equal access to justice & Orrick, Herrington & Sutcliffe LLP Martin T. Tachiki Marc Feinstein You’ve made Los Angeles President Felix Garcia a better place for all of us! Debra L. Fischer Tracy D. Hensley Vice President James E. Hornstein James M. Burgess Gila Jones Secretary Allen L. Lanstra Michael Maddigan Clementina Lopez Silvia Argueta Treasurer Neil B. Martin Executive Director Karen J. Adelseck Louise MBella Legal Aid Foundation of Los Angeles Client Chair James M. McAdams Wesley Walker Adam S. Paris Client Vice Chair R. Alexander Pilmer “Each time a man stands up for an ideal, or acts Paul B. Salvaty Robert L. Adler to improve the lot of others, or strikes out against Kareen Sandoval Chris M. Amantea injustice, he sends forth a tiny ripple of hope.” Kahn A. Scolnick Terry B. Bates – Robert F. Kennedy Marc M. Seltzer Hal Brody Ramesh Swamy Elliot Brown Ronald B. Turovsky Chella Coleman Rita L. Tuzon Sean A. Commons Patricia Vining Sean Eskovitz Seventeenth Annual Access to Justice Dinner Paying Tribute to Access to Justice Lifetime Achievement Award The Hon. Zev Yaroslavsky Maynard Toll Award for Distinguished Public Service The Hon. -
Senate Section (PDF929KB)
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, THURSDAY, MAY 19, 2005 No. 67 Senate The Senate met at 9:30 a.m. and was ceed to executive session for the con- Yesterday, 21 Senators—evenly di- called to order by the President pro sideration of calendar No. 71, which the vided, I believe 11 Republicans and 10 tempore (Mr. STEVENS). clerk will report. Democrats—debated for over 10 hours The legislative clerk read the nomi- on the nomination of Priscilla Owen. PRAYER nation of Priscilla Richman Owen, of We will continue that debate—10 hours The Chaplain, Dr. Barry C. Black, of- Texas, to be United States Circuit yesterday—maybe 20 hours, maybe 30 fered the following prayer: Judge for the Fifth Circuit. hours, and we will take as long as it Let us pray. RECOGNITION OF THE MAJORITY LEADER takes for Senators to express their God of grace and glory, open our eyes The PRESIDENT pro tempore. The views on this qualified nominee. to the power You provide for all of our majority leader is recognized. But at some point that debate should challenges. Give us a glimpse of Your SCHEDULE end and there should be a vote. It ability to do what seems impossible, to Mr. FRIST. Mr. President, today we makes sense: up or down, ‘‘yes’’ or exceed what we can request or imagine. will resume executive session to con- ‘‘no,’’ confirm or reject; and then we Encourage us again with Your promise sider Priscilla Owen to be a U.S. -
Tie Votes in the Supreme Court Justin Pidot
University of Minnesota Law School Scholarship Repository Minnesota Law Review 2016 Tie Votes in the Supreme Court Justin Pidot Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Pidot, Justin, "Tie Votes in the Supreme Court" (2016). Minnesota Law Review. 139. https://scholarship.law.umn.edu/mlr/139 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Article Tie Votes in the Supreme Court Justin Pidot† INTRODUCTION What should the Supreme Court do with a tie vote? Since at least 1792, the Court has followed the rule that where the Justices are evenly divided, the lower court’s decision is af- firmed, and the Supreme Court’s order has no precedential ef- fect.1 Such cases are unusual but hardly scarce. Since 1866, an odd number of Justices have composed the Supreme Court, and when an odd number of individuals vote, that vote typically doesn’t result in a tie.2 Yet due to death, retirement, or recusal, there have been 164 tie votes in the Supreme Court between 1925 and 2015.3 These ties have largely, but not entirely, gone unnoticed, in part because few of them involved particularly contentious cases in the eye of the public.4 † Associate Professor, University of Denver Sturm College of Law. I would like to thank Bob Bone, Alan Chen, Lee Epstein, Tara Leigh Grove, Lee Kovarsky, Nancy Leong, Margaret Kwoka, Alan Morrison, Jim Pfander, Ju- dith Resnick, Allan Stein, and Ben Spencer for sharing their insights and also my research assistant Courtney McVean for all of her help. -
Falsities on the Senate Floor John Cornyn United States Senator
University of Richmond Law Review Volume 39 Issue 3 Allen Chair Symposium 2004 Federal Judicial Article 13 Selection 3-2005 Falsities on the Senate Floor John Cornyn United States Senator Follow this and additional works at: https://scholarship.richmond.edu/lawreview Part of the American Politics Commons, Law and Politics Commons, and the Legislation Commons Recommended Citation John Cornyn, Falsities on the Senate Floor, 39 U. Rich. L. Rev. 963 (2005). Available at: https://scholarship.richmond.edu/lawreview/vol39/iss3/13 This Letter is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. FALSITIES ON THE SENATE FLOOR * The Honorable John Cornyn ** Throughout last night's historic round-the-clock session of the United States Senate, a partisan minority of senators defended their filibusters against the President's judicial nominees by mak- ing two basic arguments. Both were false. First, they claim that the Senate's record of "168-4"-168 judges confirmed, 4 filibustered (so far)-somehow proves that the cur- rent filibuster crisis is mere politics as usual.1 But, as I explained in an op-ed yesterday, this is not politics as usual; it is politics at its worst.2 * An earlier version of this Article was originally published on the National Review Online website on November 13, 2003. John Cornyn, Falsities on the Senate Floor, NAT'L REV. ONLINE, Nov.