Bloomberg Law Brief: Campaign to Leave 9th Circuit - podcast episode cover

Bloomberg Law Brief: Campaign to Leave 9th Circuit

Feb 23, 20174 min
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Episode description

Carl Tobias, a professor at the University of Richmond Law School, discusses a growing chorus of government officials who are calling for the breaking up of the ninth circuit court of appeals. He speaks with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law." Bloomberg's Karen Moskow and Bob Moon report the day's top legal stories.

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Transcript

Speaker 1

It's time now for our daily Bloomberg Law Brief, exploring legal issues in the news, and the Law Brief is brought to you by American Arbitration Association, International Trader Business Dispute Resolve Faster with the International Center for Dispute Resolution, the leader in alternative dispute resolution around the world i

c d R dot org. Today, Bloomberg, Laho, Student Grosso and Michael Best discuss a growing chorus of government officials calling to break up the Ninth Circuit Court of Appeals, citing the high number of the Court's decisions that are overturned by the Supreme Court. They speak with Carl Tobias, a professor at the University of Richmond School of Law. Carl,

let's start with the much touted reversal numbers. The Supreme Court reversed about seventy of the cases it took from the Ninth Circuit was in third place with a seventy nine percent reversal rate. But do these numbers really tell the story? No, they don't tell us very much at all. It's essentially a meaningless statistics just because us the Supreme Court. Only here is something like one of all appeals um out of any circuit, and so it really doesn't tell

us much. It varies over time. And one example I give if a circuit um only has one case the Supreme Court here is in a particular year, and the Court reverses that circuit, well it has a rate. Uh. There's just such a tiny number of cases any year from any circuit that it really just doesn't tell us much. Well, Carl, let's let's talk about some of the other reasons that folks in Arizona put forward for wanting to get out of the Ninth Circuit. The ninth Circuit is the largest circuit.

It's something that covers something like states that have about of the US population. Is it Is there something to the argument that is just too large compared with the other circuits and that there might be some judicial efficiency in splitting it up. Well, I think that's the problem. I don't think there is much judicial efficiency in splitting

it up. And in fact, you're going to incur additional cost for all the court personnel and court houses and that type of things, so there isn't any real gain. The real problem here is there isn't a very feasible way to split it up. Uh, it's large, and it's a large population base, and it has the most appeals of any appeals court. But there just isn't a very feasible way to do much with it, principally because of California.

So you're really not going to have much by way of savings here if you do what the Arizona centators and others in the West have suggested. As Carl Tobias, a professor at the University of Richmond School of Law, speaking with Bloomberg La host ju In Grosso and Michael Best. You can listen to Bloomberg Law weekdays at one pm Wall Street Time here on Bloomberg Radio and Now. Among the top legal stories from Bloomberg Law. Amazon's IMDb unit on have to delete the birth dates of actors from

its website. A federal judge has blocked enforcement of a California law aimed at curtailing age discrimination in Hollywood. The judge wrote in his order that it's difficult to see how the law doesn't violate free speech protections. It's a victory for Uber and the fight over whether it's drivers qualify as employees, and arbitrator in California has ruled in favor of the company, saying a driver is actually an independent contractor. The decision is the first of what may

become many arbitration awards. A federal court rule that most Uber drivers will need to resolve employment disputes through arbitration. And that's this morning's Bloomberg Law Brief. You can find more legal news at Bloomberg Law dot com and Bloomberg b NA dot com. Attorneys will find exceptional legal research and business development tools there as well. Visit Bloomberg Law dot com and Bloomberg b NA dot com for more information.

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