9th Circ. Judge Says LinkedIn Is Misreading Justices' Reversal

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By Dorothy Atkins (October 18, 2021, 10:24 PM EDT) — A Ninth Circuit judge on Monday doubted LinkedIn’s arguments that the U.S. Supreme Court’s recent vacatur of a circuit panel’s prior ruling suggests that LinkedIn can deny a data analytics startup access to public profiles, saying the justices’ opinion is “irrelevant” to the panel’s prior decision, which doesn’t appear to conflict with recent precedent.

The judge’s comments came during a virtual hearing on an injunction bid that would prohibit LinkedIn from restricting job-search startup hiQ Labs Inc.’s access. The justices vacated the panel’s September 2019 decision granting the injunction and asked the appeals court to reconsider whether hiQ breached the Computer…

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