Tag-Archive for » United States Court of Appeals for the Ninth Circuit «

The court is being asked to undo the $65 million settlement reached in theFacebook v. ConnectU case so the famously litigious and toned Winklevoss twins (and their lesser-written-about Harvard pal) can take a fresh stab at getting even more money from arch-enemy Mark Zuckerberg.

As reported in Legal Pad yesterday, Chief Judge Alex Kozinski, a techie who responded to an e-mail from Legal Pad in lightning-fast speed, offered: “I don’t have a Facebook account; never have.” The other two judges on the panel said through their chambers they weren’t keen on answering the question.

During a speech at Vanderbilt’s law school, U.S. Supreme Court Justice Stephen Breyer mentioned the film while making the point that judges must consider new technology when dealing with constitutional issues.

“If I’m applying the First Amendment, I have to apply it to a world where there’s an Internet, and there’s Facebook, and there are movies like … ‘The Social Network,’ which I couldn’t even understand,” he said, according to AP.

The matter before the Ninth Circuit is over old-fashioned issues such as the enforceability of settlements and allegations of securities fraud. Still, it’ll be interesting to hear if the judges make any commentary about the social networking phenomenon.

The Court has granted a TV station access to record the arguments and Legal Pad will report as well.  This will be an interesting case to watch.

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A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Friday that prosecutors may not present positive urine samples and other vital evidence that the government says shows that the slugger knowingly used steroids.

The appeals court ruling upholds a lower court decision made in February 2009 barring federal prosecutors from showing the jury any evidence collected by Bonds’ personal trainer Greg Anderson. Bonds’ perjury trial, which was scheduled to start in March 2009, has been delayed pending the outcome of this appeal.

Prosecutors argued that Anderson had told BALCO vice president James Valente that the samples belonged toBonds and that they would call Valente to the witness stand. But the appeals court said that because Anderson wasn’t directly employed by Bonds — the judges considered him an independent contractor — the trainer would need to testify because Bonds didn’t control of the samples.

The court noted it was Anderson’s idea to collect the urine samples and deliver them to BALCO.

“There is little or no indication that Bonds actually exercised any control over Anderson in determining when the samples were obtained, to whom they were delivered, or what tests were performed on them,” Judge Mary Schroeder wrote for the majority court.

Last year Anderson told the trial court judge that he would rather go to jail on contempt of court charges than testify against Bonds. And the court says evidence tied directly to Anderson is inadmissible “hearsay” evidence unless the trainer testifies to the items’ authenticity.

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