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Articles by Jay S. Bybee
Gil Kahn Elected Nevada State Bar Appellate Section Secretary
Snell & Wilmer is pleased to announce that counsel attorney Gil Kahn has been elected Secretary of the State Bar of Nevada’s Appellate Litigation Section by fellow section members. The Appellate Litigation Section is dedicated to enhancing the role and skills of attorneys engaged in appellate litigation through the study, collection, development and dissemination of materials on subjects of interest to appellate litigation practitioners.
Ninth Circuit Revives Regeneron Kickback Whistleblower Lawsuit Original
A whistleblower lawsuit alleging illegally paid physicians to write prescriptions was partially resuscitated by a federal appeals court Wednesday. A district court erred when it threw out the core of the whistleblowers' Anti-Kickback Statute claims against Regeneron under the False Claims Act's public disclosure bar, a provision that blocks lawsuits based on allegations already available to the public, the US Court of Appeals for the Ninth Circuit said in a memorandum.
Appeals Court Nixes Identity Theft Charge in Medicare Fraud Case
A woman convicted of about $13 million in Medicare fraud convinced a federal appeals court Tuesday to vacate her aggravated identity theft sentence because the US didn’t show the use of her relatives’ names was central to the fraud. The US failed to show that Tamara Yvonne Motley’s use of her mother and nephew’s names while perpetrating the Medicare fraud scheme was fraudulent or deceitful acts “at the crux” of the underlying criminality, Judge said in an opinion.
9th Circ. Says DOL Benefits Board Must Redo Atty Fees
By Dorothy Atkins ( October 2, 2025, 9:33 PM EDT) -- The Ninth Circuit Thursday vacated a U.S. Department of Labor Benefits Review Board decision awarding a National Steel and Shipbuilding Co. worker $145,500 in fees and costs because his injury claims were still disputed when he settled, with a dissent saying apportioning the success of the settlement is impractical....
Immigration groups ask appeals panel to reinstate refugee programs
Hundreds of asylum-seekers line up outside the Jacob K. Javits Federal Building in June 2023 in New York City. (Photo by David Dee Delgado/Getty Images)WASHINGTON — Immigration attorneys asked a federal appeals court Wednesday to restore two injunctions against the Trump administration’s move to suspend refugee processing and to reinstate funding for refugee resettlement.
9th Circ. Leaves Scope Of CIPA Applicability Unclear
By Zachary Faigen and William Ridgway ( August 15, 2025, 4:21 PM EDT) -- The California Legislature passed the California Invasion of Privacy Act in 1967 to address advances in science and technology that "have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications," as noted in California Penal Code, Section 630....
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
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Court Rejects California Law Requiring Ammo Background Check (1)
A California law requiring background checks for ammunition purchases is unconstitutional, a split federal appeals court said Thursday, striking down the state’s first-in-the-nation gun-control effort. “Because none of the historical analogues proffered by California is within the relevant time frame, or is relevantly similar to California’s ammunition background check regime,” the law fails to satisfy the two-step test under N.Y. State Rifle & Pistol Ass’n v.
9th Circ. Upholds Converse's Win In Website Chat Wiretap Suit
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Former DHS Deepfakes Expert Joins Crowell & Moring - Law360
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Grindr User's Sex Abuse Case Has 9th Cir. Pondering Age Filters Original
A lawsuit alleging LGBTQ dating app Grindr Inc. connected an under-age user with men who raped him had a panel of Ninth Circuit judges questioning the role of online age verification in determining legal liability. Judge Jay Bybee, at oral arguments Tuesday before the US Court of Appeals for the Ninth Circuit, appeared concerned about Grindr’s position that even if someone were to invent an effective and easy to implement age verification system, the app would have no legal obligation to use it.
Amicus Beef: Judiciary Kicks Off Heated Transparency Debate
ADVERTISEMENT Don't want ads? Subscribe or login now. By Jeff Overley (August 15, 2024, 11:06 PM EDT) -- The federal judiciary's main policy panel Thursday floated a major overhaul of mandatory financial disclosures in appellate amicus briefs, a move that's being fueled by perceptions of shadowy "judicial lobbying" and already coming under siege by big business....
Oregon Logging Project Would Harm Small Seabird, Court Affirms
Three timber companies that sought to log an Oregon forest can be permanently barred from doing so under the Endangered Species Act, a federal appeals court affirmed Wednesday. Logging in the forest would harm marbled murrelets, a small seabird listed as threatened under the ESA, by impairing their ability to breed, the US District Court for the District of Oregon had previously ruled.
Oracle Faces Tough Questions in Copyright Appeal From Rimini
Oracle International Corp.'s software copyright lawsuit against Rimini Street Inc., a third-party support service for Oracle customers, faced a skeptical panel of Ninth Circuit judges at oral arguments Wednesday. Oracle claimed during the yearslong litigation that Rimini built a third-party software servicing business entirely through illegally copying of Oracle's code for software such as PeopleSoft without a license.
Christian assaulted for reading Bible aloud, so cops arrest HIM!
An appeals court ruling has delivered a body blow to Seattle’s “heckler’s veto” practices, in which police officers ordered a man, on public property, to quit speaking or leave because others objected to what he was saying. A panel of the 9th U.S. Circuit Court of Appeals ordered the case involving Matthew Meinecke returned to the lower courts for an injunction against that leftist ideology.
CIA’s Torture and Abuse: America’s Shame!
The legacy of the CIA’s torture and abuse program continues to obstruct the Guantanamo trials of those responsible for the bombing of the USS Cole in 2000; the 9/11 bombings in 2001; and the nightclub bombing in Indonesia in 2002. The various defendants were subjected to waterboarding in CIA secret prisons; painful shackling; and solitary confinement in darkened dungeon-like conditions for years.
9th Circ. Backs Swift Removal Even Without Entry Application
ADVERTISEMENT Don't want ads? Subscribe or login now. By Rae Ann Varona (January 25, 2024, 4:39 PM EST) -- The Ninth Circuit has backed the swift deportation of a Mexican citizen who unlawfully entered the U.S. three times, rejecting his contention that he couldn't be deemed inadmissible to the U.S. for expedited removal purposes because he never applied for admission....
Arbitration Pact's Reach Gives 9th Circ. Pause In PAGA Row
ADVERTISEMENT Don't want ads? Subscribe or login now. By Irene Spezzamonte (November 17, 2023, 5:44 PM EST) -- A Ninth Circuit panel seemed skeptical Friday toward a Macy's worker's argument that her entire wage suit brought under California's Private Attorneys General Act should go to arbitration, with one judge wondering why an arbitration pact she signed would apply to nonindividual claims....
Legal Ethics Bonus Content No. 2 - Yoo's Testimony Tuesday in Eastman Bar Hearing (09.13.23)
Welcome to your second installment of bonus content from the Legal Ethics Roundup! In addition to the (FREE!) weekly roundup every Monday morning, I will regularly post bonus content for paid subscribers.
Arizona hunters not barred from using lead ammunition, 9th Circuit Court of Appeals says - The Daily Independent at YourValley.net
PHOENIX — Hunters in Arizona won’t be barred from using lead ammunition even if the bullets left behind can cause the death of other animals. In a new ruling Friday, the 9th Circuit Court of Appeals rejected a bid by the Center for Biological Diversity to order the U.S. Forest Service to ban the use of the ammo in the Kaibab National Forest. Judge Jay Bybee, writing for the unanimous three-judge panel, acknowledged the Forest Service owns the land.
U.S. Court of Appeals for Ninth Circuit Rejects Claims of Copyright Infringement Against Instagram’s Embed Code
U.S. Court of Appeals for Ninth Circuit Rejects Claims of Copyright Infringement Against Instagram’s Embed Code The U.S. Court of Appeals for the Ninth Circuit has handed Instagram a win in the latest round of a legal battle over embedded imagery. In its ruling, the Federal Appeals Court held that the ‘Server Test’ - which came from the Ninth Circuit in the Perfect 10, Inc. vs.
The Congruent Constitution (Part Two): Reverse Incorporation
BYU Law Review, Dec 2022 This is a preview of a remote PDF: https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=3405&context=lawreview Jay S. Bybee. , BYU Law Review, 2022, pp. 303-401, Volume 48, Issue 2,
The Congruent Constitution (Part One): Incorporation
BYU Law Review, Dec 2022 This is a preview of a remote PDF: https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=3396&context=lawreview Jay S. Bybee. , BYU Law Review, 2022, pp. 1-68, Volume 48, Issue 1,
Inmate with Alleged Gang Tie Revives Maximum Security Challenge
An inmate walks to his cell as corrections officers patrol. Photographer: David Paul Morris/Bloomberg Dec. 15, 2022, 7:52 PM Judges disagree on avenues for exiting maximum confinement Inmate can challenge removal from ‘step-down program’ An Arizona inmate held in maximum security confinement based on his alleged affiliation with a prison gang on Thursday revived part of his lawsuit challenging decisions blocking him from seeking a less severe level of confinement.
IHSA Boys Basketball All-Time Individual Records
Index of this file Individual Records Points Scoring Average Field Goals Made 3-Point Field Goals Made Free Throws Rebounds Assists Steals Points Most Points, Career [1.] 3,358, Charles Vaughn, Tamms, 1954-58 (377-844-1085-1052) [2.] 3,160, Andy Kaufmann, Jacksonville (Routt)/Jacksonville (H.S.), 1984-88 [3.] 3,157, Jamie Brandon, Chicago (King), 1987-90 [4.] 3,034, Jon Scheyer, Northbrook (Glenbrook North), 2002-06 (512-733-861-928) [5.] 3,033, Joe Aden, Dongola, 1955-58 [6.] 2,986, Marty...
Lacey/Larkin Appeal Argued at Ninth, Government Drops 'Napalm,' Again
The rare moments of levity during the half-hour session at the Ninth Circuit on Sept. 2 in the Lacey/Larkin appeal came at the government’s expense as litigators jousted before a three-judge panel at the James R. Browning United States Courthouse in San Francisco.
Trial Reputation Attracts Appeals Litigator to Shook New York
, /PRNewswire/ -- A nationally recognized appellate lawyer moves to Shook, Hardy & Bacon in New York. Michael Rayfield was a partner at an AmLaw20 firm where he represented clients in a variety of appellate and trial matters, primarily in data privacy, product liability and securities lawsuits. Rayfield has worked on more than two dozen trials in all aspects of appellate preservation, including arguing motions and proposed jury instructions.
Appeals Court Upholds Google Streetview Settlement, Ends 11-Year-Old Privacy Case
Home>Articles>Appeals Court Upholds Google Streetview Settlement, Ends 11-Year-Old Privacy Case 9th U.S. Circuit Court of Appeals Seal (ca9.uscourts.gov) 28 Dec 2021 10:20 am The San Francisco-based 9th Circuit Court of Appeals ruled on Monday to uphold Google’s $13 million settlement payment to nine privacy advocacy groups, finally ending the Joffe v. Google case that has been challenged for over eleven years.
Supreme Court to hear case on New York’s gun permit law
Gun control groups worry loosened rules could lead to more violence; gun rights advocates say risk of confrontation warrants need to be armed in public Loading the player... The Supreme Court is preparing to hear a gun rights case that could lead to more guns on the streets of New York and Los Angeles and threaten restrictions on guns in subways, airports, bars, churches, schools and other places where people gather.
SF Appellate Court Rules That 3D Ghost Gun Plans Can Go Online Without Government Approval
Home>Articles>SF Appellate Court Rules That 3D Ghost Gun Plans Can Go Online Without Government Approval 9th U.S. Circuit Court of Appeals (Photo: ca9.uscourts.gov) 28 Apr 2021 10:22 am The 9th U.S. Circuit Court of Appeals in San Francisco ruled on Tuesday that 3D blueprints for “ghost guns” can be posted online without State Department approval.
New York City Awash In Guns, But Supreme Court Could Turn City Into Kill Zone
Guns taken off New York City streets during a gun buyback program. (Photo: NYPD) New York City has some of the strictest gun control laws in the country, but 50 shootings over the most recent weekend will pale in comparison, if the Supreme Court overturns a key law. The city is awash with guns, bought mostly out-of-state, transported here and sold on the streets. Even young teens are packing sophisticated handguns. The past week was one of the bloodiest in city history.
Supreme Court to take up right to carry gun for self-defense
J. Scott Applewhite, ASSOCIATED PRESS FILE - In this June 20, 2019, file photo, the Supreme Court is seen in Washington as a storm rolls in. On one side of an upcoming Supreme Court case over a proposed natural gas pipeline in New Jersey are two lawyers with more than 250 arguments between them. On the other is Jeremy Feigenbaum, a lawyer for New Jersey who will be making his first Supreme Court appearance.(AP Photo/J.
Scott Bedke says Idaho Won't be Harmed by 9th Circuit Gun Ruling
In a ruling that threatens gun rights, the United States 9th Circuit Court of Appeals has ruled Hawaii can restrict the carrying of firearms in public. The seven to four ruling is an astounding 127 pages long and Judge Jay Bybee claims the Second Amendment applies only to home defense and paves the way for states banning both open and concealed carry outside the home.
Ninth Circuit Rules There Is No Right To Carry Guns In Public
A Ninth Circuit panel ruled yesterday that Americans have no right to carry guns in public, reversing a prior Ninth Circuit decision that struck down a Hawaii firearm restriction as unconstitutional. Via Courthouse News: “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” U.S. Circuit Judge Jay Bybee, a George W. Bush appointee, wrote for the majority of an 11-judge panel in a 127-page opinion.
Open Carry Of Guns Not A 2nd Amendment Right, Appeals Court Rules
Americans have no right to openly carry guns in public, a federal appeals court has ruled. (Photo: Getty Images) Restricting the right to carry guns in public has a long history in the United States and does not run afoul of the Second Amendment, a federal appeals court has ruled. The decision affects only states in the 9th Circuit: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Courts wrestle with whether manslaughter is always violent
March 06, 2021 The 14 judges of the 2nd U.S. Circuit Court of Appeals in Manhattan who heard arguments in U.S. v. Gerald Scott were left to decide how to label the 1998 killings that they agreed were “undoubtedly brutal." Ultimately, the full court voted 9-to-5 this week to conclude that Scott’s crimes were indeed violent. But their votes came with a robust debate over a legal puzzle that has vexed multiple federal courts — even if, they agreed, the answer might seem like common sense.
Trump extends visa ban, health coverage policy advances
President Donald Trump on Thursday extended pandemic-related bans on green cards and work visas to large groups of applicants through March 31, while a federal appeals court sided with him on a rule that requires new immigrants to have their own health insurance. The twin developments on the final day of 2020 encapsulated how Trump has made US immigration policy more restrictive without support from Congress.
Thursday is now the last day to register to vote, not Oct. 23
PHOENIX -- Arizonans who want to vote this election now have only through Thursday to get signed up. In an order issued late Tuesday, the 9th Circuit Court of Appeals concluded that U.S. District Court Judge Steven Logan acted illegally when he extended the state's voter registration deadline from Oct. 5 until Oct. 23. "The district court's order was an obvious abuse of discretion,'' wrote the judges.
Court overturns voter registration extension; Thursday is new deadline
PHOENIX — Arizonans who want to vote this election now have only through Thursday to get signed up. In an order issued late Tuesday, the 9th Circuit Court of Appeals concluded that U.S. District Court Judge Steven Logan acted illegally when he extended the state's voter registration deadline from Oct. 5 until Oct. 23. "The district court's order was an obvious abuse of discretion,'' wrote the judges.
9th Circuit Court halts voter registration
Arizonans who want to vote this election now have only through Thursday to get signed up. In an order issued late Tuesday, the 9th Circuit Court of Appeals concluded that U.S. District Court Judge Steven Logan, an appointee of President Obama, acted illegally when he extended the state’s voter registration deadline from Oct. 5 until Oct. 23. “The district court’s order was an obvious abuse of discretion,” wrote the judges.
Judges question legality of voter-registration deadline extension
Two appellate judges on Monday questioned whether it was legal for a trial judge to give Arizonans an extra 2 1/2 weeks to register to vote. At a telephonic hearing, Judge Jay Bybee, an appointee of President George W. Bush, said the state has done nothing to specifically make it more difficult for Mi Familia Vota and the Arizona Coalition for Change to sign people up. Instead, he said, it was simply the result of the COVID-19 outbreak and restrictions on travel and gatherings imposed by Gov.
Federal court to decide voting fate of thousands of Arizona residents who missed registration deadline
(The Center Square) – The fate of more than 15,000 Arizona residents who registered to vote after the state’s deadline is under consideration by a federal panel of judges. Attorneys representing the Arizona Secretary of State’s Office, the Attorney General’s Office, and the Republican National Committee asked the 9th Circuit Court of Appeals on Monday to reverse a lower court’s ruling that extended Arizona’s registration deadline to Oct 23 from Oct. 3. The initial complaint was filed on Sept.
Court upholds dismissal of Bundy case
Cliven Bundy, the major player in the April 2014 Bunkerville standoff, speaking at a forum hosted by the American Academy for Constitutional Education (AAFCE) at the Burke Basic School in Mesa, AZ, July 2014. Used under CC BY-SA 2.0. Photo by Gage Skidmore.
Federal Rules of Appellate Procedure, Ninth Circuit Rules, Circuit Advisory Committee Notes
A. B. C. (1) The Court has an authorized complement of 29 judgeships. Upon the attainment of senior status, a judge may continue, within statutory limitations, to function as a member of the Court. There are several senior circuit judges who regularly hear cases before the Court. Although San Francisco is the Court’s headquarters, most of the active and senior judges maintain their residence chambers in other cities within the circuit.
Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020
October 30, 2020: Federal appeals court reinstates mask-mandate exemption for polling places On October 30, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit overturned a lower court's order requiring in-person voters to wear face coverings at the polls. Judges Priscilla Owen, W. Eugene Davis, and Leslie Southwick ruled unanimously on the matter, writing in their unsigned opinion, "A change in the election rules at this point alters the status quo[.] … [Gov.
Former Arizona Sheriff Joe Arpaio's guilty verdict stands despite pardon
Feb. 27 (UPI) -- A federal appeals court said Thursday that former Arizona Sheriff Joe Arpaio's 2017 criminal contempt verdict, tied to defying a judge's ruling to halt racial and ethnic profiling, will stand despite a presidential pardon, but has "no legal consequences." President Donald Trump pardoned Arpaio, now 87, in August 2017, with the White House citing over 50 years of "admirable service," before a district court could sentence him.
Court refuses to wipe Arpaio’s contempt verdict after Trump pardon
Former Arizona Sheriff Joe Arpaio speaks Tuesday, May 22, 2018. (AP Photo/Matt York) A federal appeals court has rebuffed the bid by former Maricopa County Sheriff Joe Arpaio to have his criminal conviction formally erased. In a unanimous ruling Thursday a three-judge panel of the 9th Circuit Court of Appeals acknowledged that Arpaio was found guilty by U.S. District Court Judge Susan Bolton of criminal contempt.
Vice (2018)
George W. Bush picks Dick Cheney, the CEO of Halliburton Co., to be his Republican running mate in the 2000 presidential election. No stranger to politics, Cheney's impressive résumé includes stints as White House chief of staff, House Minority Whip and defense secretary. When Bush wins by a narrow margin, Cheney begins to use his newfound power to help reshape the country and the world.
Arizona's ballot rules overturned on grounds they discriminate against minority voters
SAN FRANCISCO - A divided federal appeals court Monday overturned election rules in Arizona that the court said discriminated against Latino, African American and Native American voters. Ruling in favor of a challenge brought by the Democratic National Committee, the U.S. 9th Circuit Court of Appeals struck down an Arizona requirement that ballots cast in the wrong precinct must be discarded and a state law that made it a crime for someone to deliver another person's ballot to a precinct.
Trump administration asks Supreme Court to lift stay on public charge rule
Jan. 14 (UPI) -- The Trump administration has filed an emergency appeal with the Supreme Court asking the justices to lift a hold preventing it from strengthening requirements for granting residency to immigrants. In the 40-page filing, Solicitor General Noel Francisco, who represents the administration at the Supreme Court, urged the justices to lift the stay during the appeals process as it hurts the government by granting immigration to those it deems unqualified.
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