Tag: ninth circuit

POM Wonderful’s Belated Christmas Gift

Today, the Ninth Circuit Court of Appeals handed POM Wonderful a belated Christmas gift, and an unusual one at that. It reversed the denial of a preliminary injunction in a case it had brought against PUR Beverages, a d/b/a of Robert G. Hubbard, Jr., and the marketer of a beverage called “pŏm”. According to their … Continue Reading

Ninth Circuit Approves California Ban on Slaughtering Nonambulatory Animals Against Preemption Challenge

Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals may be the best-known lower court judge in the United States.  He has wide-ranging tastes and accomplishments.  Nearly every lawyer has a favorite Judge Kozinski quote, such as the opening line in Mattel, Inc. v. MCA Records, Inc.:  "If this were a sci-fi melodrama, it might … Continue Reading

Levine v. Vilsack: The Ninth Circuit Rules the Humane Methods of Slaughter Act Provides No Remedy

The Ninth Circuit ruled that there is no remedy available for an alleged misinterpretation of the Humane Methods of Slaughter Act of 1958 to exclude poultry from its scope. And a plaintiff who sued only under that statute could not force the Secretary of Agriculture to make an interpretation under a different statute, the Federal Meat Inspection Act, that poultry were an "amenable species" to be placed under the slaughter provisions of that completely separate law. Thus, plaintiffs lacked standing to pursue a claim in federal court.… Continue Reading
LexBlog