WEBVTT - Bloomberg Law Brief: Campaign to Leave 9th Circuit

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<v Speaker 1>It's time now for our daily Bloomberg Law Brief, exploring

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<v Speaker 1>legal issues in the news, and the Law Brief is

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<v Speaker 1>brought to you by American Arbitration Association, International Trader Business

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<v Speaker 1>Dispute Resolve Faster with the International Center for Dispute Resolution,

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<v Speaker 1>the leader in alternative dispute resolution around the world i

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<v Speaker 1>c d R dot org. Today, Bloomberg, Laho, Student Grosso

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<v Speaker 1>and Michael Best discuss a growing chorus of government officials

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<v Speaker 1>calling to break up the Ninth Circuit Court of Appeals,

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<v Speaker 1>citing the high number of the Court's decisions that are

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<v Speaker 1>overturned by the Supreme Court. They speak with Carl Tobias,

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<v Speaker 1>a professor at the University of Richmond School of Law. Carl,

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<v Speaker 1>let's start with the much touted reversal numbers. The Supreme

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<v Speaker 1>Court reversed about seventy of the cases it took from

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<v Speaker 1>the Ninth Circuit was in third place with a seventy

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<v Speaker 1>nine percent reversal rate. But do these numbers really tell

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<v Speaker 1>the story? No, they don't tell us very much at all.

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<v Speaker 1>It's essentially a meaningless statistics just because us the Supreme Court.

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<v Speaker 1>Only here is something like one of all appeals um

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<v Speaker 1>out of any circuit, and so it really doesn't tell

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<v Speaker 1>us much. It varies over time. And one example I

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<v Speaker 1>give if a circuit um only has one case the

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<v Speaker 1>Supreme Court here is in a particular year, and the

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<v Speaker 1>Court reverses that circuit, well it has a rate. Uh.

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<v Speaker 1>There's just such a tiny number of cases any year

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<v Speaker 1>from any circuit that it really just doesn't tell us much. Well, Carl,

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<v Speaker 1>let's let's talk about some of the other reasons that

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<v Speaker 1>folks in Arizona put forward for wanting to get out

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<v Speaker 1>of the Ninth Circuit. The ninth Circuit is the largest circuit.

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<v Speaker 1>It's something that covers something like states that have about

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<v Speaker 1>of the US population. Is it Is there something to

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<v Speaker 1>the argument that is just too large compared with the

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<v Speaker 1>other circuits and that there might be some judicial efficiency

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<v Speaker 1>in splitting it up. Well, I think that's the problem.

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<v Speaker 1>I don't think there is much judicial efficiency in splitting

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<v Speaker 1>it up. And in fact, you're going to incur additional

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<v Speaker 1>cost for all the court personnel and court houses and

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<v Speaker 1>that type of things, so there isn't any real gain.

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<v Speaker 1>The real problem here is there isn't a very feasible

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<v Speaker 1>way to split it up. Uh, it's large, and it's

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<v Speaker 1>a large population base, and it has the most appeals

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<v Speaker 1>of any appeals court. But there just isn't a very

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<v Speaker 1>feasible way to do much with it, principally because of California.

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<v Speaker 1>So you're really not going to have much by way

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<v Speaker 1>of savings here if you do what the Arizona centators

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<v Speaker 1>and others in the West have suggested. As Carl Tobias,

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<v Speaker 1>a professor at the University of Richmond School of Law,

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<v Speaker 1>speaking with Bloomberg La host ju In Grosso and Michael Best.

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<v Speaker 1>You can listen to Bloomberg Law weekdays at one pm

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<v Speaker 1>Wall Street Time here on Bloomberg Radio and Now. Among

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<v Speaker 1>California law aimed at curtailing age discrimination in Hollywood. The

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<v Speaker 1>judge wrote in his order that it's difficult to see

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<v Speaker 1>how the law doesn't violate free speech protections. It's a

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<v Speaker 1>victory for Uber and the fight over whether it's drivers

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<v Speaker 1>qualify as employees, and arbitrator in California has ruled in

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<v Speaker 1>favor of the company, saying a driver is actually an

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<v Speaker 1>independent contractor. The decision is the first of what may

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<v Speaker 1>become many arbitration awards. A federal court rule that most

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<v Speaker 1>Uber drivers will need to resolve employment disputes through arbitration.

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<v Speaker 1>And that's this morning's Bloomberg Law Brief. You can find

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