391 results for 'court:"9th Circuit"'.
Per curiam, the Ninth Circuit adopts a special master’s factual findings and recommended sanctions and disciplinary actions on a company and its attorneys for misconduct and unreasonable and vexatious multiplication of proceedings. The underlying matter involves allegations that the company filed their appeal in bad faith to delay payment of an attorney fee award entered by the District Court for the Southern District of California.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 22-55142, Categories: Judiciary, Contract
J. Miller finds that the district court properly entered summary judgment for the Orange County Transportation Authority (OCTA) in an action brought by two investor-owned utilities who allege that they are entitled to compensation for having to relocate their equipment from public streets to allow for the construction of a streetcar line. The utilities companies were not entitled to compensation under the takings clause because they did not have a property interest under California law in maintaining their facilities at their specific locations in the face of OCTA’s efforts to construct a streetcar line. Affirmed.
Court: 9th Circuit, Judge: Miller , Filed On: March 13, 2024, Case #: 22-55498, Categories: Municipal Law, Property
J. Christen finds that the district court properly issued an order denying an illegal immigrant's motion to dismiss his indictment after being a previously removed alien found in the United States on equal protection grounds but reversed the district court’s order denying his motion to dismiss. The matter is remanded for further proceeding. The illegal immigrant was originally removed from the United States in 2013 through an expedited process after an immigration officer determined that his 2005 conviction for carjacking was an aggravated felony under the Immigration and Nationality Act (INA) because it qualifies as a “crime of violence.” Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: March 12, 2024, Case #: 22-50146, Categories: Immigration
J. Christen finds that the district court properly denied a federal habeas corpus petition brought by defendant, who was sentenced to death in 1991 after a California jury convicted him of first-degree murder. Defendant contended that his trial counsel was constitutionally ineffective by failing to investigate, develop and present certain mitigating evidence at the penalty phase of his trial. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: March 12, 2024, Case #: 19-99001, Categories: Death Penalty, Ineffective Assistance, Civil Rights
J. VanDyke partially affirmed a district court order denying the employer’s motion to compel arbitration in a class action suit alleging violations of California labor laws. During the pertinent period of employment, the employees worked at a California warehouse facility, which received Adidas watches, apparel, and shoes from mostly international locations. Although the employees moved goods only a short distance across the warehouse floor and onto storage racks, they nevertheless moved them, and with the direct purpose of facilitating their continued travel through an interstate supply chain. Further, the fact that the employer is in the warehousing business, not directly in the transportation industry, does not mean the employees cannot claim the transportation worker exemption of the Federal Arbitration Act. Affirmed in part.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 12, 2024, Case #: 23-55147, Categories: Arbitration, Employment, Class Action
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J. Wallace finds that the district court improperly denied an airline’s motion to compel arbitration in consumers’ putative class action alleging that the airline breached their contract by not issuing a refund following flight cancellations for tickets that they purchased through a third-party vendor. The district court erred in denying the airline's motion to compel arbitration and the matter is remanded with instructions to either dismiss or stay the action pending arbitration. Reversed.
Court: 9th Circuit, Judge: Wallace , Filed On: March 11, 2024, Case #: 21-16083, Categories: Arbitration, Contract
J. VanDyke grants an immigrant's petition for review of the Board of Immigration Appeals’ decision upholding the denial of asylum. The agency did not properly evaluate whether the immigrant's supporting evidence supported her claims of past persecution in Zambia on account of her sexual orientation.
Court: 9th Circuit, Judge: VanDyke, Filed On: March 11, 2024, Case #: 21-895, Categories: Immigration
J. Owens finds that the district court properly entered convictions for wire fraud, mail fraud and various tax offenses. Defendant claimed that the 21 days it took the U.S. Marshals Service to transport him from the District of New Jersey to the Central District of California should have triggered a Speedy Trial Act violation. Defendant claimed that the government did not bring him to trial within the 70-day limit under United States Code. The seventy-day clock is triggered by the public filing of the indictment or the first appearance before a judge. The 21-day delay between defendant's detention in New Jersey and his first appearance before a judge was immaterial to the Speedy Trial Act analysis. Affirmed.
Court: 9th Circuit, Judge: Owens, Filed On: March 7, 2024, Case #: 22-50047, Categories: Fraud, Tax, Speedy Trial
J. Bumatay finds that the district court properly entered convictions for conspiracy and aiding and abetting the receipt of the proceeds of extortion. Defendants alleged that the conviction in question for extortion required knowledge that the money at issue was obtained from extortion, which the panel rejected. However, the restitution amount is vacated and the matter is remanded for recalculation. The case centers on a conspiracy to kidnap Mexican nationals seeking to enter the United States illegally and extort ransom payments from their families. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: March 5, 2024, Case #: 22-50046, Categories: Immigration, Conspiracy, Extortion
J. Smith finds that the district court properly denied absolute and qualified immunity to two County of San Bernardino social workers in a matter in which individuals claimed that the social workers violated the individuals’ Fourth and Fourteenth Amendment rights by failing to provide them with notice of a juvenile detention hearing in which the County’s Child and Family Services and provided false information to the Juvenile Court about why the individual was not noticed for the hearing. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: March 5, 2024, Case #: 22-56054, Categories: Family Law
J. Hurwitz finds that the district court properly dismissed an employee's discrimination claims because of "intentional spoliation of electronically stored information" by the employee. Ample circumstantial evidence showed that the employee acted willfully, and the district court properly relied on an inference that her deletion of text messages with co-workers and her coordination with witnesses to delete messages was prejudicial to the employer. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: March 5, 2024, Case #: 22-16465, Categories: Employment, Discovery
J. Mendoza finds that the district court improperly entered a decision to abstain from exercising jurisdiction over a matter challenging the City of Sacramento’s requirement that individuals applying for permits to operate storefront marijuana dispensaries within city limits be Sacramento residents. Abstention was improper under precedent of Louisiana Power & Light Co. v. City of Thibodaux because the lawsuit does not present a dispute between intra-governmental agencies or states, the city’s residency requirement is straightforward, and no party has articulated a sovereignty concern. Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: March 4, 2024, Case #: 22-16783, Categories: Municipal Law
Per curiam, the Ninth Circuit orders that a matter be reheard. The previous three-judge panel opinion is vacated. The matter involves an alleged fraudulent effort to elicit the donation of tithing funds from church members in which the church repeatedly and publicly lied about the intended use of those funds, promising that they would be used for purely non-commercial purposes consistent with the church's stated priorities, to fund missionary work, member indoctrination, temple work, and other educational and charitable activities.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 21-56056, Categories: Fraud
J. Bress denies an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of a denial of asylum. The board did not commit legal error in finding that the immigrant's proposed social group lacked particularity and that substantial evidence supported the denial of conventions against torture relief.
Court: 9th Circuit, Judge: Bress, Filed On: March 1, 2024, Case #: 21-1244, Categories: Immigration
J. McKeown finds that the district court properly entered summary judgment in favor of the Suquamish Tribe in an action brought by several insurance companies seeking a declaratory judgment that the Suquamish Tribal Court did not have subject-matter jurisdiction over the Tribe’s suit for breach of contract concerning its insurance claims for lost business and tax revenue and other expenses after the suspension of business operations during the Covid-19 pandemic. The Tribal Court had subject-matter jurisdiction over the Tribe’s claim against nonmember insurance companies that participated in an insurance program offered exclusively to tribes. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 29, 2024, Case #: 22-35784, Categories: Native Americans, Jurisdiction, Covid-19
J. Forrest vacates a district court judgment and remands with instructions to dismiss as moot two cases brought by doctors who challenged California’s now-repealed Assembly Bill 2098, which made it “unprofessional conduct” for a doctor to provide Covid-19-related “disinformation” or “misinformation” to patients California’s repeal of AB 2098 triggers the "presumption of mootness."
Court: 9th Circuit, Judge: Forrest, Filed On: February 29, 2024, Case #: 22-56220, Categories: Covid-19
J. Christen finds that the district court improperly entered conviction for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same. The conviction could not stand under precedent of the Supreme Court in USA v. Davis. However, defendant was properly convicted for conspiring to use a weapon of mass destruction. The matter involves a Syrian national's involvement in a conspiracy that targeted U.S. military personnel and property in Iraq. Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: February 28, 2024, Case #: 18-10435, Categories: Conspiracy, Terrorism
J. Lafferty upholds the bankruptcy court's denial of a company's motion for relief from a fee order requiring it to pay attorney fees for a debtor arising from an approved agreement between it and the debtor. Contrary to the company's argument, the bankruptcy court had jurisdiction and it did not infringe on the company's due process rights. Affirmed.
Court: 9th Circuit, Judge: Lafferty, Filed On: February 28, 2024, Case #: NV-22-1212-LBC , Categories: Bankruptcy, Attorney Fees
J. Bress finds that the district court improperly held that the decision of the California Horse Racing Board (CHRB) precluded thoroughbred racehorse owners’ action alleging First Amendment violations arising from the refusal to register the owners’ thoroughbred racehorse. The CHRB lacked the authority to decide constitutional claims. The owners’ decision not to seek review of the CHRB’s decision in state court did not cause a preclusive effect because any requirement that the owners go to state court before filing suit would be an improper exhaustion prerequisite. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: February 26, 2024, Case #: 23-55735, Categories: First Amendment
Per curiam, the Ninth Circuit denies petition for commutation of a death sentence. Defendant claimed various due process violations over the course of the commutation proceedings and sought preliminary injunction. Defendant failed to establish a likelihood of success on the merits, and there was no legal or clear factual error in the district court’s evaluation of the remaining preliminary injunction factors. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 24, 2024, Case #: 24-1000, Categories: Death Penalty, Civil Rights
Per curiam, the Ninth Circuit finds that the district court properly denied a death row inmate's motion for a preliminary injunction on constitutional claims concerning his method of execution. His execution is currently scheduled for February 28, 2024. In 1981, while serving life sentences in Idaho for multiple first-degree murders, the inmate killed a fellow prisoner and was sentenced to death. The inmate claims that the state failed to provide sufficient information about the source of its lethal injection drug, pentobarbital, and suggested the possibility that the pentobarbital might have originated from other unreliable sources. Analysis verified that the pentobarbital in question complies with regulatory and quality standards and that it has a February 2025 expiration date. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 24, 2024, Case #: 24-978, Categories: Civil Rights
J. Collins finds that the district court properly entered default judgment against defendants, who engaged in insurance fraud. The district court concluded that defendants repeatedly failed to obey court orders related to discovery and entered default judgment against them. The district court also entered distinct sanctions on defendants. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: February 22, 2024, Case #: 22-55199, Categories: Fraud, Discovery
Per curiam, the Ninth Circuit grants a motion to place an appeal in abeyance from a joint motion pending the settlement negotiations in this case, and a related case, M.A. v. Mayorkas. The underlying matter involves the Biden administration's rule concerning the “historic surge in migration” that followed the end of the Title 42 order and to relieve “significant strain on DHS’s operational capacity at the border.”
Court: 9th Circuit, Judge: Per curiam, Filed On: February 21, 2024, Case #: 23-16032, Categories: Immigration, Settlements
J. O’Scannlain denies a medical center’s petition for review and grants the National Labor Relations Board’s cross-application for enforcement on an order finding that the medical center engaged in an unfair labor practice under the National Labor Relations Act ceasing union dues checkoff under a collective bargaining agreement.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: February 20, 2024, Case #: 23-137, Categories: Health Care, Labor / Unions
J. O’Scannlain denies a medical center’s petition for review and grants the National Labor Relations Board’s cross-application for enforcement on an order finding that the medical center engaged in an unfair labor practice under the National Labor Relations Act ceasing union dues checkoff under a collective bargaining agreement.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: February 20, 2024, Case #: 22-1804, Categories: Health Care, Labor / Unions
Per curiam, the Ninth Circuit affirmed in part and reversed in part a district court summary judgment affirming in part and reversing in part an administrative law judge’s decision in an action brought under the Individuals with Disabilities Education Act by a minor with hearing loss who has cochlear implants. The district court affirmed in large part of the administrative law judge’s decision, which held that Los Angeles Unified School District’s proposed individualized education program for the child violated the Individuals with Disabilities Education Act (IDEA). The school district’s proposed program also violated IDEA by failing to provide for individual speech therapy. Affirmed in part.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-55204, Categories: Education
J. Owens finds that the district court improperly denied defendant's suppression motion concerning the search of his apartment in a matter in which defendant was convicted of aiming a laser pointer at an aircraft. The district court held that patrol officers’ warrantless search of the apartment, to which defendant's girlfriend consented, was valid after reviewing the Supreme Court’s cases regarding warrantless searches involving the consent of a co-tenant. However, the lower court properly refused to suppress pre-arrest and post-arrest statements. Affirmed in part.
Court: 9th Circuit, Judge: Owens, Filed On: February 14, 2024, Case #: 22-50186, Categories: Search
J. Hurwitz denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. A conviction for armed robbery is categorically an aggravated felony theft offense giving rise to removability.
Court: 9th Circuit, Judge: Hurwitz, Filed On: February 14, 2024, Case #: 23-9, Categories: Immigration, Robbery