1 00:00:00,080 --> 00:00:03,120 Speaker 1: It's time now for our daily Bloomberg Law Brief, exploring 2 00:00:03,240 --> 00:00:05,520 Speaker 1: legal issues in the news, and the Law Brief is 3 00:00:05,559 --> 00:00:09,840 Speaker 1: brought to you by American Arbitration Association, International Trader Business 4 00:00:09,840 --> 00:00:13,560 Speaker 1: Dispute Resolve Faster with the International Center for Dispute Resolution, 5 00:00:13,840 --> 00:00:16,880 Speaker 1: the leader in alternative dispute resolution around the world i 6 00:00:16,960 --> 00:00:20,840 Speaker 1: c d R dot org. Today, Bloomberg, Laho, Student Grosso 7 00:00:20,920 --> 00:00:24,279 Speaker 1: and Michael Best discuss a growing chorus of government officials 8 00:00:24,320 --> 00:00:26,960 Speaker 1: calling to break up the Ninth Circuit Court of Appeals, 9 00:00:27,360 --> 00:00:29,920 Speaker 1: citing the high number of the Court's decisions that are 10 00:00:30,000 --> 00:00:33,440 Speaker 1: overturned by the Supreme Court. They speak with Carl Tobias, 11 00:00:33,440 --> 00:00:37,240 Speaker 1: a professor at the University of Richmond School of Law. Carl, 12 00:00:37,360 --> 00:00:40,760 Speaker 1: let's start with the much touted reversal numbers. The Supreme 13 00:00:40,800 --> 00:00:45,800 Speaker 1: Court reversed about seventy of the cases it took from 14 00:00:45,960 --> 00:00:48,720 Speaker 1: the Ninth Circuit was in third place with a seventy 15 00:00:48,760 --> 00:00:53,000 Speaker 1: nine percent reversal rate. But do these numbers really tell 16 00:00:53,040 --> 00:00:55,720 Speaker 1: the story? No, they don't tell us very much at all. 17 00:00:55,840 --> 00:01:01,720 Speaker 1: It's essentially a meaningless statistics just because us the Supreme Court. 18 00:01:01,760 --> 00:01:06,080 Speaker 1: Only here is something like one of all appeals um 19 00:01:06,080 --> 00:01:09,360 Speaker 1: out of any circuit, and so it really doesn't tell 20 00:01:09,400 --> 00:01:12,840 Speaker 1: us much. It varies over time. And one example I 21 00:01:12,880 --> 00:01:17,080 Speaker 1: give if a circuit um only has one case the 22 00:01:17,120 --> 00:01:19,280 Speaker 1: Supreme Court here is in a particular year, and the 23 00:01:19,360 --> 00:01:23,160 Speaker 1: Court reverses that circuit, well it has a rate. Uh. 24 00:01:23,200 --> 00:01:25,720 Speaker 1: There's just such a tiny number of cases any year 25 00:01:25,720 --> 00:01:31,000 Speaker 1: from any circuit that it really just doesn't tell us much. Well, Carl, 26 00:01:31,080 --> 00:01:34,480 Speaker 1: let's let's talk about some of the other reasons that 27 00:01:35,160 --> 00:01:39,480 Speaker 1: folks in Arizona put forward for wanting to get out 28 00:01:39,480 --> 00:01:42,319 Speaker 1: of the Ninth Circuit. The ninth Circuit is the largest circuit. 29 00:01:42,360 --> 00:01:44,720 Speaker 1: It's something that covers something like states that have about 30 00:01:45,480 --> 00:01:47,880 Speaker 1: of the US population. Is it Is there something to 31 00:01:47,920 --> 00:01:50,160 Speaker 1: the argument that is just too large compared with the 32 00:01:50,200 --> 00:01:53,760 Speaker 1: other circuits and that there might be some judicial efficiency 33 00:01:53,760 --> 00:01:56,920 Speaker 1: in splitting it up. Well, I think that's the problem. 34 00:01:57,000 --> 00:01:59,680 Speaker 1: I don't think there is much judicial efficiency in splitting 35 00:01:59,720 --> 00:02:02,760 Speaker 1: it up. And in fact, you're going to incur additional 36 00:02:02,840 --> 00:02:07,960 Speaker 1: cost for all the court personnel and court houses and 37 00:02:08,080 --> 00:02:10,959 Speaker 1: that type of things, so there isn't any real gain. 38 00:02:11,200 --> 00:02:15,080 Speaker 1: The real problem here is there isn't a very feasible 39 00:02:15,120 --> 00:02:19,480 Speaker 1: way to split it up. Uh, it's large, and it's 40 00:02:19,520 --> 00:02:22,400 Speaker 1: a large population base, and it has the most appeals 41 00:02:22,400 --> 00:02:26,000 Speaker 1: of any appeals court. But there just isn't a very 42 00:02:26,080 --> 00:02:30,040 Speaker 1: feasible way to do much with it, principally because of California. 43 00:02:30,480 --> 00:02:32,399 Speaker 1: So you're really not going to have much by way 44 00:02:32,400 --> 00:02:38,000 Speaker 1: of savings here if you do what the Arizona centators 45 00:02:38,000 --> 00:02:41,720 Speaker 1: and others in the West have suggested. As Carl Tobias, 46 00:02:41,720 --> 00:02:44,280 Speaker 1: a professor at the University of Richmond School of Law, 47 00:02:44,360 --> 00:02:47,440 Speaker 1: speaking with Bloomberg La host ju In Grosso and Michael Best. 48 00:02:47,680 --> 00:02:50,040 Speaker 1: You can listen to Bloomberg Law weekdays at one pm 49 00:02:50,120 --> 00:02:53,600 Speaker 1: Wall Street Time here on Bloomberg Radio and Now. Among 50 00:02:53,600 --> 00:02:57,600 Speaker 1: the top legal stories from Bloomberg Law. Amazon's IMDb unit 51 00:02:58,080 --> 00:03:00,799 Speaker 1: on have to delete the birth dates of actors from 52 00:03:00,800 --> 00:03:03,960 Speaker 1: its website. A federal judge has blocked enforcement of a 53 00:03:03,960 --> 00:03:07,840 Speaker 1: California law aimed at curtailing age discrimination in Hollywood. The 54 00:03:07,919 --> 00:03:10,280 Speaker 1: judge wrote in his order that it's difficult to see 55 00:03:10,320 --> 00:03:14,079 Speaker 1: how the law doesn't violate free speech protections. It's a 56 00:03:14,160 --> 00:03:16,840 Speaker 1: victory for Uber and the fight over whether it's drivers 57 00:03:16,919 --> 00:03:21,600 Speaker 1: qualify as employees, and arbitrator in California has ruled in 58 00:03:21,680 --> 00:03:24,880 Speaker 1: favor of the company, saying a driver is actually an 59 00:03:24,880 --> 00:03:27,800 Speaker 1: independent contractor. The decision is the first of what may 60 00:03:27,840 --> 00:03:31,839 Speaker 1: become many arbitration awards. A federal court rule that most 61 00:03:31,919 --> 00:03:35,640 Speaker 1: Uber drivers will need to resolve employment disputes through arbitration. 62 00:03:35,840 --> 00:03:38,400 Speaker 1: And that's this morning's Bloomberg Law Brief. You can find 63 00:03:38,440 --> 00:03:41,240 Speaker 1: more legal news at Bloomberg Law dot com and Bloomberg 64 00:03:41,280 --> 00:03:44,960 Speaker 1: b NA dot com. Attorneys will find exceptional legal research 65 00:03:45,000 --> 00:03:48,160 Speaker 1: and business development tools there as well. Visit Bloomberg Law 66 00:03:48,240 --> 00:03:51,520 Speaker 1: dot com and Bloomberg b NA dot com for more information.