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Coverage since January 1, 2026

Litigation

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Vena v. Moore, Schulman & Moore — Ninth Circuit Rejects Section 1983 Conspiracy Claims Against Law Firm Over Private Judge’s Undisclosed Relationships, but Concurrence Flags Growing Risks of Private Judging

The Ninth Circuit affirmed summary judgment for a law firm accused of conspiring with a private judge who failed to disclose multiple concurrent retentions, but a concurrence warned that private judging creates growing ethical risks that state courts should address.

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Oden Meyers v. Meink — Ninth Circuit affirms summary judgment for Air Force on Title VII, Rehabilitation Act, and GINA claims arising from Central District of California reassignment and termination

The Ninth Circuit affirms a Central District of California grant of summary judgment to the Secretary of the Air Force on a federal civilian employee’s discrimination and hostile work environment claims, restating the demanding ‘specific and substantial’ pretext standard on circums

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Hogan v. Bean — Ninth Circuit denies en banc rehearing in death-penalty habeas case, leaving in place panel’s broad reading of Martinez v. Ryan despite forceful nine-judge dissent

The Ninth Circuit denies en banc rehearing in a Nevada death-penalty habeas case, leaving in place a panel decision allowing the petitioner to invoke Martinez v. Ryan to revive long-defaulted trial-ineffective-assistance claims, over a forceful dissent from nine judges.

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Scott v. Broomfield — Ninth Circuit reverses habeas relief in California death-penalty case, holding the state court reasonably rejected the ineffective-assistance-of-counsel claims under AEDPA’s deferential standard

The Ninth Circuit reverses a federal habeas grant in a California death-penalty case, holding that under AEDPA’s doubly deferential standard the California Supreme Court reasonably rejected the petitioner’s ineffective-assistance-of-counsel claims, including those based on cumulative pre

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Public Interest Legal Foundation v. Nago — Ninth Circuit holds the NVRA’s public inspection provision does not require states to disclose statewide voter lists, only records of voter list maintenance activities

The Ninth Circuit holds that the NVRA’s public inspection provision requires states to disclose records about their voter list maintenance activities but not the underlying statewide voter rolls themselves, affirming dismissal of an election-integrity nonprofit’s NVRA suit against Hawaii

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Roe v. Johnston — Ninth Circuit stays Arizona injunction that had struck the word ‘operation’ from state birth-certificate-amendment law for transgender residents

The Ninth Circuit grants a stay pending appeal of an Arizona district court injunction that had struck the word ‘operation’ from the state’s birth-certificate-amendment statute, leaving Arizona’s surgical-verification requirement in place while the merits appeal proceeds.

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