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State Bar & Bar Associations

Dec. 7, 2023

State Bar has sovereign immunity, panel says

9th Circuit Judge John B. Owens wrote that the court’s old standard had been supplanted by several other circuit rulings following a 2008 decision by the D.C. Circuit Court of Appeals.

State Bar has sovereign immunity, panel says
9th U.S. Circuit Court of Appeals Judge John Owens

The State Bar of California is entitled to sovereign immunity as an arm of the state, a 9th U.S. Circuit Court of Appeals en banc panel ruled Wednesday.

The court adopted a new standard, dropping its own 1988 precedent in favor of a new one that was adopted by U.S. Supreme Court Justice Brett M. Kavanaugh when he was a federal appellate judge.

All of the 9th Circuit panel judges agreed on the new standard, whic...

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