Archive for the ‘ U.S. Ninth Circuit Court of Appeals ’ Category

The Sun: CalPERS, San Bernardino agree to delay bankruptcy appeal

San Bernardino Seal

By Ryan Hagen, The Sun
Posted: 05/17/14, 10:10 PM PDT |

CalPERS has again agreed to push back its appeal of San Bernardino’s bankruptcy eligibility and cancel an August hearing in the 9th U.S. Circuit Court of Appeals, saying in a joint filing with the city that the delay is “critical to the success of the ongoing mediation.”

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Calpensions: Three new rulings on retiree health care cuts

By Ed Mendel
Monday, March 3, 2014

A federal appeals court last week gave Sonoma County retirees another chance to show that an implied contract gave them vested rights to retiree health care, preventing the benefit from being cut to $500 a month.

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The Sun: CalPERS can appeal San Bernardino bankruptcy eligibility

San Bernardino Seal

By Ryan Hagen, The Sun
Posted: 02/27/14, 8:12 PM PST |

San Bernardino’s largest creditor has permission from the 9th U.S. Circuit Court of Appeals to appeal a bankruptcy judge’s finding that the city is eligible for bankruptcy protection, raising the potential that the court could reverse the 2012 ruling that city officials then called vital for the city’s protection.

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Kamala Harris

Harris

Bob Egelko
Updated 5:21 am, Friday, February 28, 2014

Attorney General Kamala Harris moved Thursday to preserve California’s restrictions on concealed-weapons permits, seeking a rehearing of a federal appeals court ruling that would allow law-abiding citizens throughout the state to carry handguns in public.

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DailyBulletin: Lawsuit by widow of Upland real estate exec David Lewis loses on appeal

lawsuit form

By Joe Nelson, The Sun
Posted: 02/23/14, 7:33 PM PST | Updated: 32 secs ago

A federal appeals court has upheld an earlier ruling to dismiss a lawsuit filed by an Upland real estate executive’s widow who alleges that her husband’s suicide occurred after authorities failed to conduct a proper medical and psychological screening following his arrest more than three years ago.

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InlandPolitics: 9th Circuit denies Lewis appeal, case back in Superior Court

9th Circuit Seal II(1)

Monday, February 24, 2014 – 03:00 p.m

The appeal of a U.S. District Court ruling, dismissing two civil rights claims, by Rachel Lewis, widow of real estate executive David Lewis, was denied by the 9th U.S. Circuit Court of Appeals on Monday.

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InlandPolitics: David Lewis: U.S. Appellate Court filings

Court Filings

Monday, February 24, 2014 – 11:30 a.m.

InlandPolitics.com has obtained and uploaded appellate briefs, related to a lawsuit over the suicide death of real estate executive David Lewis, filed in the 9th U.S. Circuit Court of Appeals.

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Gavel

By Joe Nelson, The Sun
Posted: 02/23/14, 7:33 PM PST |

The widow of a deceased Upland real estate executive has sued San Bernardino County’s district attorney, the California Highway Patrol and several others, alleging they caused his suicide by forcing him to cooperate as part of an ongoing investigation into corruption and failing to take into account his unstable mental condition.

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InlandPolitics: David Lewis: Legal filings on wrongful death case

Court Filings

Sunday, February 23, 2014 – 7:25 p.m.

InlandPolitics.com has uploaded documents, from the respective state and federal court databases, related to the breaking story on deceased real estate executive David Lewis, published by The San Bernardino County Sentinel website on Sunday evening.

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Mike Ramos

A lawsuit filed by the widow and son of former real estate executive David Lewis alleges San Bernardin County District Attorney Michael Ramos coerced the prominent businessman to, among other things, wear a wire in an investigation into his family before killing himself.

 

The Sentinel

By Mark Gutglueck (www.sbsentinel.com)
Sunday, February 23, 2014 – 05:00 p.m.

(February 23) David Lewis, a third generation member of the Lewis Homes homebuilding and shopping center development dynasty, was driven to suicide in 2010 by pressure put on him by district attorney Mike Ramos to act as a cooperating witness against members of his family, according to a lawsuit filed by his widow and surviving son.

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SacBee: Dan Walters: Court ruling indicates California gun laws may go too far

Dan Walters

Dan Walters

By Dan Walters
dwalters@sacbee.com
Published: Tuesday, Feb. 18, 2014 – 9:08 pm
Last Modified: Wednesday, Feb. 19, 2014 – 7:42 am

For years, California has had some of the nation’s toughest gun control laws, but that hasn’t deterred its politicians from writing ever more restrictions on sale and possession of firearms and ammunition.

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Hand Gun open carry

A divided federal appeals court has struck down California’s concealed weapons rules, saying they violate the Second Amendment right to bear arms. (Photo of Glock 19 handgun from Wikimedia Commons released under public domain)

By Paul Elias, Associated Press

Posted: 02/13/14, 12:25 PM PST | Updated: 8 hrs ago

SAN FRANCISCO — A divided federal appeals court has struck down California’s concealed weapons rules, saying they violate the Second Amendment right to bear arms.

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LATimes: Blogger protected by 1st Amendment, appeals court says

Blog

By Maura Dolan
January 17, 2014, 2:58 p.m.

SAN FRANCISCO — A federal appeals court unanimously overturned a defamation award against a blogger Friday, ruling that 1st Amendment protections for traditional news media extend to individuals posting on the Web.

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HuffPost: Chief Judge For 9th Circuit Cites ‘Epidemic’ Of Prosecutor Misconduct

Alex Kozinski

Alex Kozinski, Chief Justice of the U.S. 9th Circuit Court of Appeals

By Radley Balko
Posted: 12/11/2013 1:11 pm EST | Updated: 12/12/2013 5:04 pm EST

The dissent by Alex Kozinski chief judge of the U.S. Court of Appeals for the 9th Circuit, from a decision not to rehear U.S. v. Olsen starts off with a bang:

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LATimes: Two lawyers from same California firm nominated for 9th Circuit

Scales of Justice

By Maura Dolan
August 1, 2013, 9:12 p.m.

SAN FRANCISCO — President Obama has selected two lawyers from the same California firm — a former federal prosecutor and a corporate attorney who helped challenge Proposition 8 — to fill openings on the U.S. 9th Circuit Court of Appeals.

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SacBee: Jerry Brown to comply with prison order if appeals fail

Capitol Alert
The latest on California politics and government
April 16, 2013

SHENZHEN, China – Gov. Jerry Brown said Tuesday his administration will prepare to release as many as 10,000 state prisoners if the state is unable to get out from under a court order demanding it reduce California’s prison population.

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SacBee: CCPOA says it will pay multimillion-dollar defamation award

CCPOA

The State Worker
Chronicling civil-service life for California state workers
March 1, 2013

After years of court fighting and a failed appeal, the California Correctional Peace Officers Association is negotiating details to pay nearly $5 million to a former business associate defamed, a federal jury said, by union officials.

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LATimes: Ban on racial preferences in California university admissions upheld

A three-judge panel of the U.S. 9th Circuit Court of Appeals upholds an earlier ruling, rejecting the plaintiffs’ contention that the ban violates the Equal Protection Clause of the 14th Amendment.

 

By Carol J. Williams, Los Angeles Times
April 3, 2012

Civil rights groups and aspiring minority college students have lost the latest bid to get the University of California to resume considering race in its admissions decisions.

Proposition 209 banned the state’s public universities from using racial preferences to increase the ranks of black, Latino and Native American students, and the 1996 voter initiative has already withstood several constitutional challenges.

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LATimes: Prop. 8: Gay-marriage ban unconstitutional, court rules

L.A. NOW
Southern California
February 7, 2012 | 9:57 am

Proposition 8: Gay marriage ban unconstitutional A federal appeals court Tuesday struck down California’s ban on same-sex marriage, clearing the way for the U.S. Supreme Court to rule on gay marriage as early as next year.

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LATimes: Retired public workers can count on promised benefits, court says

Justice Marvin Baxter, pictured on Nov. 10, wrote for the court: “Under California law, a vested right to health benefits for retired county employees can be implied under certain circumstances from a county ordinance or resolution.” (Jeff Chiu / Associated Press)

By Maura Dolan, Los Angeles Times
November 21, 2011, 5:50 p.m.

Health benefits for government retirees may not be eliminated if state and local governments had clearly promised workers those benefits, the California Supreme Court ruled in an Orange County case Monday.

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CCTimes: Obama nominates Cal alumnus to 9th Circuit court

Watford

By Josh Richman
Monday, October 17th, 2011 at 3:17 pm in Obama presidency.

President Obama today nominated a Cal alumnus and former federal prosecutor to serve on the 9th U.S. Circuit Court of Appeals.

Paul Watford, 44, of Pasadena, is an appellate litigation partner at Munger, Tolles & Olson LLP in Los Angeles, where he has worked since 2001. A registered Democrat, his work spans administrative, antitrust, consumer class action, state and federal constitutional, and securities law issues, and he has authored or edited briefs in nearly 20 cases before the U.S. Supreme Court.

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LATimes: Judges’ deaths add to 9th Circuit backlog

Three of the five jurists of the 9th Circuit Court of Appeals who have died this year were, from left, David Thompson, Cynthia Hall and Pamela Ann Rymer.

Carol J. Williams, Times Staff Writer
October 15, 2011

Five judges from the U.S. 9th Circuit Court of Appeals have died this year, worsening an already critical case backlog and spotlighting President Obama’s inability to put his judicial choices and stamp on the powerful court.

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SacBee: CCPOA appeals judgment, asks to use property as collateral

The State Worker
Chronicling civil-service life for California state workers
July 8, 2011

The California Correctional Peace Officers Association has appealed a multimillion federal defamation lawsuit ruling to the U.S. Court of Appeals for the 9th Circuit in San Francisco, a move that has led the union to offer its West Sacramento headquarters and three other properties it owns as collateral for a multimillion judgment against it.

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SacBee: High court ruling against California boosts Indian tribes’ power

By Michael Doyle
mdoyle@mcclatchydc.com
Published: Tuesday, Jun. 28, 2011 – 12:00 am | Page 3A

WASHINGTON – The U.S. Supreme Court on Monday undercut states’ negotiating clout with Indian tribes, effectively upholding a decision that the state of California overreached when it sought to compel general fund payments in exchange for casino approvals.

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L.A. NOW
Southern California — this just in
April 25, 2011 | 4:31 pm

In another swing at the judge who declared Proposition 8 to be unconstitutional, backers of the measure Monday asked that his decision be voided because he failed to disclose that he was gay and in a long-term relationship.

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LATimes: Gay marriage in California won’t resume for now, appeals court rules

L.A. NOW
Southern California — this just in
March 23, 2011 | 1:06 pm

Gay marriage won’t be allowed to resume until state and federal appeals courts decide the fate of Proposition 8, the voter initiative that limited marriage to heterosexual couples, three federal judges ruled Wednesday.

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Harris argues that the hold must be removed because the appeal of last year’s ruling that overturned Proposition 8 is taking more time than expected.

By Maura Dolan, Los Angeles Times
March 2, 2011

California Atty. Gen. Kamala D. Harris urged a federal appeals court Tuesday to permit same-sex couples to marry during an appeal of last year’s ruling that overturned Proposition 8, the 2008 ballot measure that banned gay marriage.

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LATimes: Panel asks California high court for guidance on gay-marriage ban

Three appellate judges want the state Supreme Court’s input on whether private groups have the legal right to defend Prop. 8.

By Carol J. Williams, Los Angeles Times
January 5, 2011

The legal status of same-sex marriage headed back toward the California Supreme Court on Tuesday for a ruling that could potentially resolve the future of voter-passed Proposition 8.

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Friday, December 24, 2010 – 02:45 p.m.

The past four months has delivered huge wins for privacy rights advocates and criminal defense attorneys across the country.

This month, the Sixth U.S. Circuit Court of Appeals has joined the First U.S. Circuit Court of Appeals and ruled that the government must show probable cause and obtain a search warrant before seizing privately stored e-mails of individuals.

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SFChronicle: High court may decide on state’s bid for revenue

Bob Egelko, Chronicle Staff Writer
San Francisco Chronicle
Tuesday, December 14, 2010

The U.S. Supreme Court asked the Obama administration Monday to weigh in on whether California can require Indian tribes to share hundreds of millions of dollars in gambling revenue with the state when they expand their casinos.

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The PE: State, tribes at odds on income tax payments

10:51 PM PST on Wednesday, December 8, 2010

By JIM MILLER
Sacramento Bureau

SACRAMENTO – In and out of the courtroom, state tax collectors and some California tribes continue to clash over the income tax liability of tribal members.

Next month, attorneys for the Twenty-Nine Palms Band of Mission Indians, which operates the Spotlight 29 casino in Coachella, are scheduled to file paperwork as part of their appeal of a federal judge’s spring 2010 decision. The judge ruled that California can collect state income tax from tribal members who do not live on the reservation.

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SFChronicle: Appeals court hints at narrow Prop. 8 ruling

Bob Egelko, Chronicle Staff Writer
San Francisco Chronicle
Tuesday, December 7, 2010

(12-06) 18:10 PST SAN FRANCISCO — The federal appeals court in the Proposition 8 case hinted Monday at a ruling that would allow gays and lesbians to marry in California while leaving other states’ laws intact – a restrained approach seemingly designed to appeal to the U.S. Supreme Court.

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SacBee: Live, from San Francisco, it’s Proposition 8 in federal court

By Susan Ferriss
sferriss@sacbee.com
Published: Monday, Dec. 6, 2010 – 12:00 am | Page 1A
Last Modified: Monday, Dec. 6, 2010 – 12:50 am

A dramatic new chapter in the legal fight over Proposition 8 opens today, with debate over the purpose of marriage, the power of social convention and the rights of gay individuals televised live from federal court for the first time.

First, however, a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco will hear an hour of debate over whether backers of California’s Proposition 8 even have the right to defend the voter-approved measure.

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SJMercuryNews: California prison case reaches U.S. Supreme Court

By Howard Mintz

hmintz@mercurynews.com
Posted: 11/28/2010 12:01:00 AM PST
Updated: 11/28/2010 03:48:38 AM PST

For decades, California’s Legislature, governors and a parade of experts in managing state prisons have been unable to fix the state’s overgrown, bloated prison system. Now the U.S. Supreme Court must decide whether three federal judges have the power to do the fixing for them.

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LATimes: Prop. 8 and similar measures create bias and isolation, attorney tells court

Theodore B. Olson, one of the lawyers opposing the anti-gay marriage initiative, warns of ‘very, very tragic’ consequences.

By Maura Dolan, Los Angeles Times
October 20, 2010

The suicide of a Rutgers University freshman last month and a later attack in the Bronx on two teenagers suspected of being gay stemmed from discrimination and isolation that measures like Proposition 8 perpetuate, opponents of the measure told an appeals court.

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LATimes: California’s next attorney general could delay ruling on Proposition 8

L.A. NOW
Southern California — this just in
October 14, 2010 | 3:21 pm

A law professor who supports marriage rights for gays and lesbians said Thursday that the race for California attorney general “could end up mattering so much to the future of Proposition 8,” the 2008 voter measure that reinstated a ban on same-sex marriage.

Los Angeles Dist. Atty. Steve Cooley, the Republican candidate for attorney general, has promised to defend Proposition 8. His opponent, San Francisco Dist. Atty. Kamala Harris, a Democrat, has said she would not challenge a federal court ruling that found the measure unconstitutional.

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LATimes: California’s first execution in five years delayed by legal issues

Appeals court orders judge to reconsider ruling allowing Albert Greenwood Brown to be put to death.

By Carol J. Williams, Los Angeles Times
September 28, 2010|12:03 a.m.

A federal appeals court in San Francisco late Monday ordered a trial judge to reconsider a ruling that allowed for a convicted murderer and rapist to be executed this week at San Quentin State Prison.

Albert Greenwood Brown was scheduled to die at 9 p.m. Thursday for the 1980 killing of a 15-year-old Riverside girl.

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LATimes: State lawyers want to postpone Lisker case until after election

L.A. NOW
Southern California — this just in
September 16, 2010 | 1:22 pm

Lawyers in state Atty. Gen. Jerry Brown’s office want to postpone their bid to send a man wrongly convicted of murder back to prison on a technicality until after their boss’ upcoming election for governor, attorneys said Thursday.

Attorney William Genego, who represents freed inmate Bruce Lisker, assailed the motive for seeking to postpone the controversial matter.

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SacBee: Supporters pressure Brown, Schwarzenegger to defend Prop. 8 in court

By Susan Ferriss
sferriss@sacbee.com
Published: Thursday, Sep. 2, 2010 – 12:00 am | Page 3A

Proposition 8 supporters are ramping up political – and legal – pressure on Attorney General Jerry Brown and Gov. Arnold Schwarzenegger to defend California’s same-sex marriage ban in federal appeals court.

The Pacific Justice Institute, a conservative law group, petitioned the 3rd District Court of Appeal in Sacramento on Monday to compel Brown and the governor to defend the voter-approved measure.

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SBSun: San Bernardino pastor behind lawsuit over Prop. 8

Staff and Wire Reports
Posted: 08/31/2010 06:08:31 PM PDT

SAN BERNARDINO – A conservative legal group hoping to force Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to defend California’s gay marriage ban filed suit Monday on behalf of a local minister.

The Pacific Justice Institute petitioned the 3rd District Court of Appeal in Sacramento on behalf of Pastor Joshua Beckley of San Bernardino’s Ecclesia Christian Fellowship.

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SacBee: Prop. 8 backers’ appeal could rely on Imperial County

By David Siders
dsiders@sacbee.com
Published: Wednesday, Aug. 18, 2010 – 12:00 am | Page 1A

In overturning California’s same-sex marriage ban, U.S. District Judge Vaughn R. Walker suggested Proposition 8 defenders might not have legal standing to appeal because they are not directly affected by gay marriages.

Gov. Arnold Schwarzenegger and Attorney General Jerry Brown declined to defend the measure on behalf of the state, and Walker said there may be no one left to show “a concrete and particularized injury that is actual or imminent.”

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LATimes: No gay marriages in California before December, court rules

L.A. NOW
Southern California — this just in
August 16, 2010 | 3:58 pm

The U.S. 9th Circuit Court of Appeals on Monday agreed to keep same-sex marriages on hold until at least December.

In a brief order, a three-judge panel agreed to an expedited review of U.S. District Judge Vaughn R. Walker’s Aug. 4 ruling that overturned Proposition 8 as a violation of the federal Constitution.

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SFChronicle: Brown’s Prop. 8 filing backs same-sex marriages

John Coté, Chronicle Staff Writer
San Francisco Chronicle
Saturday, August 14, 2010

(08-13) 18:58 PDT SAN FRANCISCO — State Attorney General Jerry Brown filed documents late Friday urging a federal appellate court to allow same-sex marriages to go forward in California on Wednesday, saying there is “overwhelming evidence” that a voter-approved ban on such marriages is unconstitutional.

Brown’s filing comes as same-sex marriage opponents have asked the Ninth U.S. Circuit Court of Appeals to halt implementation of a landmark ruling from Chief U.S. District Judge Vaughn Walker until a full appeal is heard.

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Monica Rodriguez, Staff Writer
Created: 08/12/2010 06:22:09 PM PDT

Special section: Same-sex marriage

A federal judge in San Francisco put gay marriages on hold for at least another six days in California, disappointing dozens of gay couples who lined up outside City Halls hoping to tie the knot Thursday.

Judge Vaughn Walker gave opponents of same-sex weddings until 5 p.m. Aug. 18 to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriage should resume. Gay marriages could happen at that point or be put off indefinitely depending on how the court rules.

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InlandPolitics: Credibility at issue with DA corruption probe investigator

Information has been provided to InlandPolitics relevant to prior conduct of an investigator with the San Bernardino County District Attorney. The information raises questions related to credibility.

The investigator in question currently has a lead role within the District Attorney Public Integrity Unit and sources confirm he is playing a major role related to decision-making and tactics in the ongoing county corruption investigation.

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SFChronicle: Court accuses state lawyers of lying

Bob Egelko, Chronicle Staff Writer

Tuesday, December 22, 2009

(12-21) 17:58 PST SAN FRANCISCO — A federal appeals court bluntly accused the Schwarzenegger administration and state Attorney General Jerry Brown’s office on Monday of lying about its defense of cuts in Medi-Cal fees.

Lawyers in Brown’s office committed a “clear violation” of State Bar rules that prohibit attorneys from misleading judges, raising doubts about the credibility of any future statements they make on behalf of state health officials, said the Ninth U.S. Circuit Court of Appeals in San Francisco.

The court said health officials, through their lawyers, had lied about why the state waited more than a year to make its current arguments in the case.

Brown’s office said the court’s comments were “based on a misunderstanding” that the state’s lawyers will try to clear up in the next few days.

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YahooFinance/AP: Court to review employer access to worker messages

U.S. Supreme Court

Supreme Court to rule in case of employer access to workers’ text messages, privacy at issue

* On 10:28 am EST, Monday December 14, 2009

WASHINGTON (AP) — The Supreme Court said Monday it will decide how much privacy workers have when they send text messages from company accounts.

The justices said they will review a federal appeals court ruling that sided with Ontario, Calif., police officers who complained that the department improperly snooped on their electronic exchanges. The 9th U.S. Circuit Court of Appeals in San Francisco also faulted the text-messaging service for turning over transcripts of the messages without the officers’ consent.

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