Alex Kozinski

Pacific Pictures Corp. v. United States District Court

Court of Appeals for the Ninth Circuit · 2012-05-10 · cited 92×

The Ninth Circuit case arose from a long-running copyright dispute over Superman between DC Comics and the heirs of creators Jerry Siegel and Joe Shuster, who were represented in part by attorney-producer Marc Toberoff. After certain attorney-client privileged documents from Toberoff’s files were sent to DC Comics by a former associate and also produced by the heirs to the federal government in connection with a grand jury matter, DC Comics sought to use them in the civil litigation; the heirs petitioned for mandamus after the district court rejected their privilege claims. The court denied the petition, holding that the voluntary production to the government effected a complete waiver of attorney-client privilege as to those documents. It reasoned that federal law does not recognize a selective or limited waiver doctrine allowing parties to disclose privileged material to the government while preserving the privilege against others, and that Toberoff had authority to waive the privilege on the clients’ behalf. The opinion further noted that the documents’ disclosure did not implicate grand-jury secrecy rules.

procedurecriminal law

OSHODI v. Holder

Court of Appeals for the Ninth Circuit · 2012-05-03 · cited 3×

This case is an immigration petition for review brought by Olakunle Oshodi (under multiple aliases) against Attorney General Eric H. Holder Jr. in the Ninth Circuit, arising from agency proceedings under number A023-484-662. A majority of the court's nonrecused active judges voted to rehear the matter en banc under Circuit Rule 35-3. The order directs that the prior three-judge panel opinion may not be cited as precedent by or to any court in the Ninth Circuit.

immigration

Cuellar De Osorio v. Mayorkas

Court of Appeals for the Ninth Circuit · 2012-04-20 · cited 1×

This case concerns multiple immigrant plaintiffs challenging decisions by U.S. Citizenship and Immigration Services, the Department of Homeland Security, and the State Department over the processing and availability of visas or related immigration benefits. The Ninth Circuit ordered the matter reheard en banc under Circuit Rule 35-3. The order was issued after a majority of nonrecused active judges voted in favor of full-court review. As a direct result, the earlier three-judge panel opinion is vacated for citation purposes and may not be relied upon as precedent by or within the Ninth Circuit.

immigration

Carrera v. Ayers

Court of Appeals for the Ninth Circuit · 2012-04-12

In Carrera v. Ayers, petitioner Constantino Carrera appealed a district court ruling in his federal habeas case against the warden of San Quentin prison. The Ninth Circuit ordered the appeal reheard en banc after a majority of nonrecused active judges voted to do so under Circuit Rule 35-3. The order vacated the three-judge panel opinion and barred any court within the Ninth Circuit from citing it as precedent. The decision was issued on April 12, 2012.

criminal lawprocedure

United States v. Cotterman

Court of Appeals for the Ninth Circuit · 2012-03-19 · cited 2×

In United States v. Cotterman, the government appealed a district court ruling in a criminal case against defendant Howard Wesley Cotterman. The Ninth Circuit issued an order granting rehearing en banc after a majority of nonrecused active judges voted in favor, pursuant to Circuit Rule 35-3. This action vacates the prior three-judge panel decision, which may no longer be cited as precedent by or to any court within the Ninth Circuit. The order reflects standard appellate procedure for reviewing significant cases with full court participation rather than a panel.

criminal lawprocedure

United States v. Yepez

Court of Appeals for the Ninth Circuit · 2012-03-01 · cited 1×

The Ninth Circuit Court of Appeals issued an order in two related criminal appeals, United States v. Yepez and United States v. Acosta-Montes, which had previously been decided by three-judge panels. Upon a vote of a majority of the court's nonrecused active judges, the cases were ordered reheard en banc pursuant to Circuit Rule 35-3. The prior panel opinions were stripped of precedential effect and may not be cited by or to any court in the Ninth Circuit. Judge Christen did not participate in the vote or deliberations.

criminal lawprocedure

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Decision record

Alex Kozinski

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