385 results for 'court:"9th Circuit"'.
J. Hawkins finds that the district court properly affirmed a bankruptcy court order concerning the pre-conversion increases in the equity of a home belonging to the bankruptcy estate, rather than to debtors. Affirmed.
Court: 9th Circuit, Judge: Hawkins, Filed On: July 28, 2023, Case #: 22-35604, Categories: Bankruptcy, Property
J. Forrest grants a petition for a writ of mandamus and orders the United States Bankruptcy Court for the Central District of California to quash trial subpoenas requiring petitioners to testify via video from their home in the U.S. Virgin Islands. The individuals moved to quash their trial subpoenas because they violated the geographic limitations under a Federal Rule of Civil Procedure.
Court: 9th Circuit, Judge: Forrest, Filed On: July 27, 2023, Case #: 22-70092, Categories: Bankruptcy, Civil Procedure
J. Lee denies an immigrant's petition for review of a decision of the Board of Immigration Appeals (BIA) concerning a removal process. The panel rejected the immigrant's claim that Immigration Judges and BIA members are principal officers who must be nominated by the President and confirmed by the Senate. The panel concluded that they are inferior officers because the Attorney General directs and supervises their work.
Court: 9th Circuit, Judge: Lee, Filed On: July 27, 2023, Case #: 18-71987, Categories: Immigration
J. Faris upholds the bankruptcy court's refusal to allow a debtor to sue its former chapter 11 trustee in another forum. The bankruptcy court found the debtor failed to support a prima facie case against the trustee, and the debtor lacks standing because its plan invested all estate claims in the plan trust; therefore, only the plan could pursue claims against the trustee. Affirmed.
Court: 9th Circuit, Judge: Faris, Filed On: July 19, 2023, Case #: CC-23-1034-FLS, Categories: Bankruptcy, Civil Procedure, Venue
J. Paez finds that the district court properly dismissed an individual's claims that were based on a violation of his bankruptcy discharge order in an action concerning student loan debt. However, the lower court improperly dismissed the remaining Fair Debt Collection Practices Act (FDCPA) claims under a one-year statute of limitations. The remaining FDCPA claim was based on the theory that defendants knowingly brought a meritless post-discharge debt collection lawsuit because they knew they could not prove ownership of the individual’s debts. Affirmed in part.
Court: 9th Circuit, Judge: Paez, Filed On: July 14, 2023, Case #: 22-35244, Categories: Debt Collection
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Per curiam, the Ninth Circuit denies a petition for rehearing in an immigration matter. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration.
Court: 9th Circuit, Judge: Per curiam, Filed On: July 14, 2023, Case #: 21-55365, Categories: Immigration
J. McKeown denies a petition for panel rehearing and amends a district court order reversing the district court’s dismissal of a third amended complaint in an action brought by a class of children against Google alleging that it used persistent identifiers to collect data and track their online behavior without their consent in violation of the Children’s Online Privacy Protection Act (COPPA). The district court previously held that the “core allegations” in the third amended complaint were preempted by COPPA. State laws that supplement federal law do not stand as obstacles to Congress’s objectives and are therefore not “inconsistent.”
Court: 9th Circuit, Judge: McKeown, Filed On: July 13, 2023, Case #: 21-16281, Categories: Communications, Privacy, Class Action
J. Bea finds that the district court properly ordered plaintiff, an individual doing business as a farm, to pay a filing fee for a civil action against the U.S. Department of the Interior. District courts have the authority to impose partial filing fees on non-prisoner civil litigators. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: July 12, 2023, Case #: 20-35733, Categories: Agriculture, Civil Procedure, Judiciary
J. Forrest vacates a district court judgment in a class action alleging that GEICO failed to advance pay the insured's medical bills and lost wages following a car accident. The amount-in-controversy requirement under the Class Action Fairness Act has not been met. Neither the complaint on its face nor the notice of removal satisfactorily establishes that more than $5 million is in dispute.
Court: 9th Circuit, Judge: Forrest, Filed On: July 12, 2023, Case #: 22-35161, Categories: Insurance, Jurisdiction, Class Action
Per curiam, the Ninth Circuit finds that the district court properly dismissed a claim involving an alleged violation of Constitutional rights by the Los Angeles County Sheriff’s Department by failing to provide pre-seizure notice. The individual failed to state a claim for violation of procedural due process. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: July 11, 2023, Case #: 22-55294, Categories: Civil Rights, Police Misconduct
J. Wallace vacates a district court dismissal of a claim brought against the City of Pasadena and several of its police officers. The lower court improperly dismissed the matter for lack of standing involving a police interaction that resulted in the death of an individual.
Court: 9th Circuit, Judge: Wallace , Filed On: July 11, 2023, Case #: 20-56003, Categories: Civil Rights, Police Misconduct
J. Berzon finds that the district court properly dismissed claims alleging that a class of individuals were victims of human rights abuses committed by the Chinese Communist Party and Chinese government officials and that these abuses were enabled by technological assistance of U.S. corporation Cisco Systems and two Cisco executives. The district court dismissed the class claims under the Alien Tort Statute on the ground that class members did not meet the standard for aiding and abetting liability under international customary law. Affirmed.
Court: 9th Circuit, Judge: Berzon, Filed On: July 7, 2023, Case #: 15-16909, Categories: Civil Rights, Class Action
J. Bade denied petitions for review challenging the denial of two tobacco companies' premarket tobacco product applications seeking Food and Drug Administration (FDA) authorization to sell nicotine-containing e-liquids in the United States. The text of the Family Smoking Prevention and Tobacco Control Act "plainly authorizes the FDA to require that manufacturers submit comparative health risk data, which necessarily includes comparisons of flavored e-liquids to tobacco-flavored e-liquids."
Court: 9th Circuit, Judge: Bade, Filed On: July 7, 2023, Case #: 21-71328, Categories: Administrative Law
J. Selna finds that the district court properly entered summary judgment in favor of law enforcement for the seizure of and use of force against an individual while police were investigating her son for allegations that he planned to commit a school shooting. During the interaction, the Deputies held the individual's arms and used a twist lock to prevent her from leaving. Police also pointed a firearm at another individual and restrained him with handcuffs. The district court found that the Deputies did not use excessive force during the couple’s detention and, even if they had, qualified immunity applied. However, the district court’s erred in granting summary judgment on one individual's Fourth Amendment claims and reinstated his pendent state law claims. Affirmed in part.
Court: 9th Circuit, Judge: Selna , Filed On: July 7, 2023, Case #: 22-15690, Categories: Civil Rights, Immunity, Police Misconduct
J. Ezra finds that a district court erred in denying defendant's motion for a sentence reduction after defendant pleaded guilty to possession of cocaine base with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. District courts may consider non-retroactive changes in post-sentencing decisional law affecting the applicable sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Ezra , Filed On: July 6, 2023, Case #: 22-30021, Categories: Drug Offender, Firearms, Sentencing
J. Gan finds the bankruptcy court properly determined an individual's complaint, which she filed against her former employer for sexual harassment, is dischargeable. The nondischargeability provisions for this type of complaint only apply to individual debtors, rather than corporate debtors, who confirm nonconsensual plans under subchapter V of chapter 11.
Court: 9th Circuit, Judge: Gan, Filed On: July 6, 2023, Case #: ID-23-1020-GCB , Categories: Bankruptcy
J. Gould finds that the district court properly granted summary judgment to individual police officers and the City and County of San Francisco on federal claims based on qualified immunity. The matter stems from the arrest of an individual. The officers, city, and county were entitled to qualified immunity and sufficient evidence existed to show that officers had probable cause to conduct the arrest of the individual. Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: July 6, 2023, Case #: 21-16547, Categories: Civil Rights, Immunity
J. Graber finds that the district court improperly dismissed a matter for lack of jurisdiction involving the sale of health, wellness and nutrition products. The health and wellness company alleged that a company’s unauthorized sale of its products on Amazon violated the Lanham Act. The health and wellness company's harm arose out of the seller’s contacts within the State of Arizona and the exercise of personal jurisdiction is reasonable under the circumstances. Reversed.
Court: 9th Circuit, Judge: Graber, Filed On: July 5, 2023, Case #: 21-17001, Categories: Consumer Law, Jurisdiction
J. Silver enters an amended opinion affirming in part and vacating in part a district court summary judgment in favor of a class which challenged City of Grants Pass ordinances which preclude the homeless from using a blanket, pillow, or cardboard box for protection from the elements while sleeping within city limits. The lower court's class certification is affirmed and there is "abundant evidence in the record establishing that homeless persons were injured by the City’s enforcement actions." However, summary judgment is vacated as to that ordinance and remanded to allow the district court the opportunity to substitute a class representative following the death of class representative, Debra Blake. Affirmed in part.
Court: 9th Circuit, Judge: Silver, Filed On: July 5, 2023, Case #: 20-35752, Categories: Civil Rights, Municipal Law
Per curiam, the Ninth Circuit denies an immigrant's petition for rehearing. The Immigration and Nationality Act “clearly and unambiguously” precludes judicial review of expedited removal orders for the "very limited form of habeas corpus review that is inapplicable in this case."
Court: 9th Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 20-71582, Categories: Habeas, Immigration
J. Ikuta finds that the district court improperly dismissed a complaint alleging an unconstitutional restriction of protected speech which generally prohibits unannounced recordings of conversations, subject to several exceptions. Project Veritas, a non-profit, undercover investigative journalism group claims that it documents matters of public concern by making unannounced audiovisual recordings of conversations, often in places open to the public. Oregon does not have a compelling interest in protecting individuals’ conversational privacy from other individuals’ protected speech in places open to the public, even if that protected speech consists of creating audio or visual recordings of other people. Reversed.
Court: 9th Circuit, Judge: Ikuta, Filed On: July 3, 2023, Case #: 22-35271, Categories: Constitution, Privacy
Per curiam, the Ninth Circuit remands a matter to the district court for further proceeding to be consistent with the Supreme Court ruling of Gonzalez v. Google LLC. The Gonzalez Supreme Court ruling concerns the scope of Section 230 of the Communications Decency Act and its impact on the algorithmic systems companies use on their social media sites.
Court: 9th Circuit, Judge: Per curiam, Filed On: July 3, 2023, Case #: 18-16700, Categories: Communications
J. Rakoff finds that the district court properly determined that an inmate's claims for injunctive relief were moot because two of the named wardens in the matter were no longer in position to grant relief regarding the inmate's challenge of a phone time limit, claiming the limit unconstitutionally infringed on his First and Fifth Amendment rights to familial association with his three children. However, the lower court incorrectly dismissed the matter on the alternative ground that the inmate failed to state a claim. Affirmed in part.
Court: 9th Circuit, Judge: Rakoff , Filed On: July 3, 2023, Case #: 21-15073, Categories: Prisoners' Rights
J. Hurwitz finds that the district court properly entered judgment in favor of the U.S. Forest Service in an action brought by Blue Mountains Biodiversity Project alleging that the Service’s approval of the Walton Lake Restoration Project violated the National Environmental Policy Act (NEPA). The Forest Service project involved the replacement of trees infested with laminated root rot and bark beetles with disease-resistant trees. The project also involved a logging project with a private company for which an updated Environmental Assessment was conducted. The record did not establish a clear error of judgment in the Service’s findings. Affirmed.
Court: 9th Circuit, Judge: Hurwitz , Filed On: July 3, 2023, Case #: 22-35857, Categories: Environment
J. Ikuta amends a previous opinion affirming an illegal immigrant's conviction for attempted illegal reentry after deportation. The matter involved a question of whether delays caused by the Covid-19 pandemic contributed to the immigrant's violation of the right to Speedy Trial Act. The district court complied with the applicable statutory requirements.
Court: 9th Circuit, Judge: Ikuta, Filed On: July 3, 2023, Case #: 21-50298, Categories: Immigration
J. Clifton finds that the tax court erred in determining that two taxpayers owed neither deficiencies nor penalties for 2007 and 2009 through 2012. The matter is remanded for calculations of the applicable penalties. Reversed.
Court: 9th Circuit, Judge: Clifton, Filed On: July 3, 2023, Case #: 21-71082, Categories: Tax
J. Bennett finds that the district court improperly dismissed an action brought under the Telephone Consumer Protection Act. An individual alleged that a company sent text messages to her 13-year-old son's cell phone number which she had placed on the National Do-Not-Call Registry. The district court concluded that she lacked standing because she failed to allege that she was the “actual user” of the phone or the “actual recipient” of the text messages. The owner and subscriber of a phone with a number listed on the Do-Not-Call Registry has suffered an injury in fact sufficient to support standing. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: June 30, 2023, Case #: 22-16216, Categories: Communications
J. Forrest denies an immigrant's petition for review of a decision of the Board of Immigration Appeals (BIA) in a matter in which the BIA properly denied withholding of removal after the immigrant pleaded guilty to 13 drug-related charges, including possession of cocaine for sale. The BIA also properly denied relief under the Convention Against Torture (CAT) in holding that substantial evidence supported the agency’s determination that the immigrant is unlikely to be tortured because of his California drug convictions.
Court: 9th Circuit, Judge: Forrest, Filed On: June 29, 2023, Case #: 21-70623, Categories: Drug Offender, Immigration
Per curiam, the Ninth Circuit denies a petition for rehearing in an employment matter concerning labor organization efforts. No further petitions for rehearing or rehearing en banc will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-35252, Categories: Employment
J. Spraker upholds the bankruptcy court's finding that a creditor did not forfeit its secured claim against an LLC when the owner sold property jointly owned by herself and the LLC. The creditor was not required to bring a compulsory counterclaim against a non-party.
Court: 9th Circuit, Judge: Spraker, Filed On: June 28, 2023, Case #: AZ-22-1130-SFL , Categories: Bankruptcy