391 results for 'court:"9th Circuit"'.
J. Schreier finds that the district court improperly denied an amended habeas petition after defendant pleaded guilty to nine charges including burglary and rape. Defendant did not need to obtain a certificate of appealability in order to appeal the denial of an instant appeal. Reversed.
Court: 9th Circuit, Judge: Schreier, Filed On: June 2, 2023, Case #: 21-15616, Categories: Burglary, Habeas, Sex Offender
J. Lee finds that the district court properly entered summary judgment in favor of police officers in an action alleging that officers violated individuals' Fourth Amendment rights against warrantless arrests and excessive force. The officers were shielded by qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: June 1, 2023, Case #: 21-55867, Categories: Civil Rights, Constitution, Immunity
J. Schroeder finds that the district court properly ruled in favor of produce distributors after a bench trial concerning the application of a California labor law enacted to protect workers whose labor has been outsourced to a labor provider. Under a statute of California Labor Code, an outsourcing entity, known as a “client employer,” is liable for the laborers’ wages if the laborers’ work is within the outsourcers’ “usual course of business.” Strawberry pickers sought to hold strawberry growers liable for their wages as “client employers.” In 2018, the growers stopped paying the pickers and later filed for bankruptcy. The strawberry pickers were not performing labor within the “usual course of business” as defined by the statute. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: June 1, 2023, Case #: 22-55119, Categories: Agriculture, Employment, Class Action
J. Ikuta finds that the district court properly dismissed a securities class action claim that The Gap made false or misleading statements to shareholders about its commitment to diversity. Gap’s bylaws contain a valid forum-selection clause stating that the Delaware Court of Chancery is the sole and exclusive forum for any derivative action, therefore the class lead's argument that Gap's forum-selection clause is void fails. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: June 1, 2023, Case #: 21-15923, Categories: Securities, Class Action
[Corrected.] J. Gan upholds the bankruptcy court's order avoiding an airport business center's judicial lien against a couple who were discharged after filing their chapter 7 petition. The center lacked standing to assert usury and it could not support its defense of laches.
Court: 9th Circuit, Judge: Gan, Filed On: June 1, 2023, Case #: NC-22-1219-GFB , Categories: Bankruptcy
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J. Bumatay finds that the district court properly dismissed an action for failure to state a claim in a matter alleging that police officers used excessive force when they shot and killed an individual who was known to the officers to be homeless and mentally ill, after he pointed a black toy airsoft rifle in their direction. Under the totality of the circumstances, it was objectively reasonable for the officers to believe that the individual posed an immediate threat. Affirmed.
Court: 9th Circuit, Judge: Bumatay, Filed On: May 31, 2023, Case #: 22-15761, Categories: Civil Rights
J. Christen finds that the district court improperly denied a habeas corpus petition challenging a conviction and death penalty sentence. However, the court affirmed the lower court's holding as to defendant's certified guilt-phase claims. Defendant was sentenced to death in 1991 after a California state jury convicted him of robbery, burglary and felony murder. Reversed in part.
Court: 9th Circuit, Judge: Christen, Filed On: May 31, 2023, Case #: 19-99009, Categories: Death Penalty, Murder, Robbery
J. Wardlaw finds that the district court erred in sentencing defendant for conspiracy to distribute at least 50 grams of methamphetamine. The district court concluded that the conviction qualified defendant as a career offender under United States Sentencing Guidelines Manual (USSG). The USSG does not include “conspiracy to distribute” in its list of controlled substance offenses. The matter is remanded for resentencing. Vacated.
Court: 9th Circuit, Judge: Wardlaw, Filed On: May 31, 2023, Case #: 21-50054, Categories: Drug Offender, Sentencing
J. Murguia finds that the district court properly entered convictions for attempted sexual exploitation of a minor and possession of child pornography. At trial, the jury heard extensive evidence that defendant placed a hidden camera in his bathroom with the purpose of secretly recording and amassing a collection of nude videos of his then fourteen-year-old stepdaughter. Sufficient evidence supported the conviction. Affirmed.
Court: 9th Circuit, Judge: Murguia , Filed On: May 30, 2023, Case #: 21-30272, Categories: Evidence, Sex Offender
Per curiam, the Ninth Circuit denied a petition for panel rehearing in a case in which the panel held that federal courts lack jurisdiction to review the discretionary determination that a particular noncitizen in immigration detention posed a danger to the community and was not entitled to release on bond.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 30, 2023, Case #: 21-35023, Categories: Immigration, Jurisdiction
J. Bennett finds that the district court properly entered a conviction against defendant for being a felon in possession of a firearm. Defendant was not tried until 557 days after his indictment largely because of the Covid-19 pandemic. The district court properly excluded time under the ends of justice provision concerning the Speedy Trial Act. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: May 30, 2023, Case #: 21-10364, Categories: Constitution, Firearms
J. Wardlaw found that the district court properly found that a competitor furniture company intentionally copied three unique high-end furniture designs by a furniture company. The competitor was liable on trade dress infringement claims and the lower court properly awarded attorney fees. Affirmed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: May 30, 2023, Case #: 21-16978, Categories: Trademark, Attorney Fees
J. Friedland dismisses an appeal challenging the district court's denial of a motion from various organizations to intervene as defendants in a lawsuit against the Bureau of Land Management challenging the grant of two rights-of-way. The first concerned the right to use an existing natural gas pipeline and the second to use that pipeline to transport water across federal lands in California. While the appeal was pending, the district court held that the decision to grant the rights-of-way was arbitrary.
Court: 9th Circuit, Judge: Friedland, Filed On: May 26, 2023, Case #: 22-55317, Categories: Environment, Water
J. Gould finds that the district court improperly denied defendant's habeas corpus petition challenging his conviction and 10-to-25-year sentence for second-degree murder. Defendant showed that his attorney's decision to waive closing argument was not based on strategy and that he was prejudiced by his counsel’s waiver. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: May 24, 2023, Case #: 22-15557, Categories: Ineffective Assistance, Murder, Sentencing
J. Clifton finds that the district court improperly issued an order dismissing defendant's habeas petition as untimely. Defendant is an Arizona prisoner who sought post-conviction relief. Defendant's post-conviction application ceased to be pending when the time for him to seek further relief in the state courts expired, which was not precisely when the Arizona Court of Appeals issued its mandate. Reversed.
Court: 9th Circuit, Judge: Clifton, Filed On: May 23, 2023, Case #: 21-15999, Categories: Habeas
Per curiam, the Ninth Circuit finds that the district court properly entered judgment after defendant was found guilty of first-degree murder during the course of a burglary and robbery with personal use of a deadly and dangerous weapon. Defendant was sentenced to death and alleged ineffective assistance of counsel. The California Supreme Court could reasonably have concluded that counsel met performance standard as to two of the alleged deficiencies and the remaining alleged deficiencies did not prejudice defendant. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 23, 2023, Case #: 18-99001, Categories: Death Penalty, Ineffective Assistance, Murder
J. Friedland finds that the district court properly entered summary judgment in favor of the State of California in an action challenging a California law that prohibits honking a vehicle’s horn except when reasonably necessary to warn of a safety hazard. An individual was cited for misuse of a vehicle horn after she honked in support of protestors. Although the citation was dismissed, she filed suit to block future enforcement of the California Vehicle Code. The vehicle code regulating improper use of a horn was universal and not merely for expression, therefore the First Amendment claim does not apply. Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: May 22, 2023, Case #: 21-55149, Categories: Civil Rights, Constitution
J. Ikuta finds that the district court improperly granted an illegal immigrant's motion to dismiss an indictment for illegally reentering the United States. The illegal immigrant's Fifth Amendment claim was facially invalid. Reversed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 22, 2023, Case #: 21-10233, Categories: Constitution, Immigration
J. Ikuta finds that the district court properly entered conviction for attempted illegal reentry after deportation. The illegal immigrant's motion to dismiss for violating the Speedy Trial Act was denied. The lower court was correct in assessing periods of delay as a result of the Covid-19 pandemic. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 22, 2023, Case #: 21-50298, Categories: Constitution, Immigration, Covid-19
Per curiam, the Ninth Circuit certifies a question to the California Supreme Court concerning California’s governmental interest choice-of-law test. The question arises from an action brought by the Cassirer family under the Foreign Sovereign Immunities Act, seeking the return of a Pissarro painting stolen by the Nazis and now in the possession of Thyssen-Bornemisza Collection Foundation.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 22, 2023, Case #: 19-55616, Categories: Judiciary, Immunity
J. Paez finds that the district court improperly issued an order remanding to state court an individual's action alleging negligence and wrongful death claims against federally funded community health centers and their employees. The individual claims that the community health centers did not report a patient’s repeated failures to comply with his mental health treatment plan. The lower court held that immunity in the situation did not apply. Because the county met certain qualifications they are entitled to immunity. Reversed.
Court: 9th Circuit, Judge: Paez, Filed On: May 19, 2023, Case #: 21-35078, Categories: Health Care, Immunity
J. Bumatay finds that the district court improperly issued an order disqualifying the entire District of Arizona U.S. Attorney’s Office and directing the Department of Justice to supply an attorney from outside Arizona in a matter in which the government charged 19 alleged members of the Western Hills Bloods with multiple offenses. The district court’s sweeping disqualification order was an abuse of discretion because disqualification of an entire U.S. Attorney’s Office is an extreme remedy that should only be used in extraordinary circumstances. Reversed.
Court: 9th Circuit, Judge: Bumatay, Filed On: May 18, 2023, Case #: 22-10174, Categories: Judiciary, Gangs
J. Forrest finds that the district court's vacatur of a U.S. Fish and Wildlife Service designation of challenged area as occupied critical habitat was properly entered. The matter stems from a matter in which an intervenor copper company challenged the U.S. Fish and Wildlife Services’ designation of certain areas in southern Arizona as critical habitat for jaguar under the Endangered Species Act. However, the lower court erred in granting summary judgment in favor of the service regarding its designation of that same area and of as unoccupied critical habitat. Affirmed in part.
Court: 9th Circuit, Judge: Forrest , Filed On: May 17, 2023, Case #: 20-15654, Categories: Environment
J. Bade finds that the district court improperly entered judgment in favor of individuals as executors of an estate after the United States sued several heirs of an individual, alleging that they were either trustees of his trust or received estate property as transferees or beneficiaries, and were therefore personally liable for estate taxes. The individual died with an estate valued at nearly $200 million, most of which was placed in a living trust. A section of United States Code "imposes personal liability for unpaid estate taxes on the categories of persons listed in the statute who have or receive estate property, either on the date of the decedent’s death or at any time thereafter." Reversed.
Court: 9th Circuit, Judge: Bade, Filed On: May 17, 2023, Case #: 21-55197, Categories: Tax, Trusts
J. Hawkins finds that the district court improperly dismissed claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) in a matter in which a company, as current owner of environmentally contaminated real property, brought CERCLA cost recovery claims against estates of individuals as the once-removed prior owners and tenant of the property. The lower court's dismissal was improper because a claim preclusion did not apply since the CERCLA claims asserted in the prior litigation covered costs and obligations distinct from those underlying the claims. Reversed.
Court: 9th Circuit, Judge: Hawkins, Filed On: May 17, 2023, Case #: 21-16555, Categories: Property
J. Ikuta finds that the district court properly upheld a Commissioner of Social Security’s denial of an application for benefits under the Social Security Act. The individual seeking benefits could have applied for a number of jobs based on an assessment of vocational expert testimony. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 17, 2023, Case #: 21-35914, Categories: Social Security, Experts
J. Nelson finds that the district court erred in granting summary judgment in an ongoing dispute over the Hanna Flats logging project in the Idaho panhandle. The United States Forest Service designated several thousand acres of national forest for commercial logging and to reduce the risk of wildfires and disease. An appeal on the matter was not moot, and the Forest Service had standing to pursue the appeal. The Forest Service remains injured by the final judgment. The lower court granted summary judgment for the environmental group based on reasoning that the record "did not show that the project fell within the statutory definition of wildland-urban interface." Vacated.
Court: 9th Circuit, Judge: Nelson, Filed On: May 16, 2023, Case #: 21-35504, Categories: Environment
J. Smith finds that the district court properly entered summary judgment in favor of a utility board in an action alleging First Amendment violations when a former employee was restricted from speaking with potential witnesses and other employees as part of an internal investigation into his alleged misconduct. The communication restriction did not violate the First Amendment because it did not limit the employee's ability to speak about matters of public concern. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: May 12, 2023, Case #: 21-36052, Categories: Employment, First Amendment
J. O’Scannlain finds that the district court properly denied defendant individual's motion for relief from an equitable money judgment, in a case in which the district court granted summary judgment to the Federal Trade Commission, holding that a scam by the individual violated the Federal Trade Commission Act and the Telemarketing Sales Rule. No extraordinary circumstances existed which supported relief. Affirmed.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: May 11, 2023, Case #: 21-56037, Categories: Communications
J. Ikuta finds that the district court properly granted summary judgment for Walmart in a misleading label consumer class action alleging that Walmart’s product, Spring Valley Glucosamine Sulfate, contained glucosamine hydrochloride, not glucosamine sulfate. Spring Valley Glucosamine Sulfate contains a blend of glucosamine hydrochloride and glucosamine sulfate. The class claim that Walmart’s product was mislabeled due to being a blend would allow a state to impose a different labeling requirement of Walmart’s product than is imposed by the Food and Drug Administration. Affirmed.
Court: 9th Circuit, Judge: Ikuta, Filed On: May 11, 2023, Case #: 21-56031, Categories: Consumer Law, Class Action