The majority and dissent agreed to apply the Supreme Court’s Randall framework, but disagree on application.
Perhaps the Ninth Circuit will take up this case en banc, as it seems in tension with other circuit precedent.
The majority and dissent agreed to apply the Supreme Court’s Randall framework, but disagree on application.
Perhaps the Ninth Circuit will take up this case en banc, as it seems in tension with other circuit precedent.