ly with provisions of the Competition.in Contracting Act that he viewed as unconstitutional and thereby allowed for judicial resolution of the issue. The Ninth Circuit rejected the President's arguments about the constitutionality of the provisions. The court further determined that Lear Siegler was a prevailing par

ght of the conference report on Rule 16, compelling disclosure of witness names before trial appears inconsistent with the federal rules. And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA. Rule 57(b) only provides a basis for

at the tipper must also receive something of a ‘pecuniary or similarly valuable nature’ in exchange for a gift to family or friends,... we agree with the Ninth Circuit that this requirement is inconsistent with Dirks,” a prior Supreme Court ruling.’ This significantly lowers the standard of proof for insider trading

FMLA cases cited by the majority support finding that a failure to post a general notice of employee rights under the NLRA is unlawful. In Bachelder, the Ninth Circuit actually ound “unavailing” the employer’s argument that it had satisfied all its specific FMLA notice obligations because it had complied with the FM

ts of THC and THC occurring naturally in the cannabis plant. In its 2004 holding in Hemp Industries Association v. DEA, the U.S. Court of Appeals for the Ninth Circuit enjoined DEA enforcement of this purported amendment and held that the THC listed separately from marijuana on Schedule I includes only synthetic THC

Feinstein)). Congress intended the CVRA to dramatically rework the federal criminal justice system. In the course of construing the CVRA generously, the Ninth Circuit observed: "The criminal justice system has long functioned on the assumption that crime victims should behave like good Victorian children -- seen b

oyees who have at other times also allegedly falsified records. The cases Thomas cites do not support a contrary result. In United States v. Biyan, the Ninth Circuit concluded that the government could not limit its discovery obligations to documents located in the district of prosecution since the case came out

oyees who have at other times also allegedly falsified records. The cases Thomas cites do not support a contrary result. In United States v. Bryan, the Ninth Circuit concluded that the government could not limit its discovery obligations to documents located in the district of prosecution since the case came out

attached I Read full article » COMPETITION Ex-Bumble Bee CEO Fights Antitrust Conviction At 9th Circ. Former Bumble Bee CEO Chris Lischewski urged the Ninth Circuit on Wednesday to overturn his conviction for his role in an alleged tuna price- fixing conspiracy, arguing that the trial judge gave erroneous instru

e, Liberal Groups Warn After a party-line committee vote last week to advance the nomination of former Nevada Solicitor General Lawrence VanDyke to the Ninth Circuit, liberal groups have urged senators to block his confirmation, saying his record shows an extreme ideological agenda. Read full article » Allen &