391 results for 'court:"9th Circuit"'.
The Ninth Circuit certifies a question to the California Supreme Court to determine "what duty of care, if any, does Uber Technologies, Inc. owe a rideshare passenger who suffers an assault or other crime at the hands of an unauthorized person posing as an Uber driver?"
Court: 9th Circuit, Judge: Per curiam, Filed On: January 9, 2024, Case #: 22-16562, Categories: Assault
J. Bea finds that the district court properly entered judgment in favor of the Thyssen-Bornemisza Collection, an instrumentality of the Kingdom of Spain, in an action seeking the return of a Pissarro painting stolen by the Nazis in 1939 Germany. The Thyssen-Bornemisza Collection gained prescriptive title to the painting under Article 1955 of the Spanish Civil Code. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: January 9, 2024, Case #: 19-55616, Categories: Property
J. Nelson finds that the district court properly dismissed two putative class actions against the Superior Court of Los Angeles County and Judge Eric C. Taylor, alleging that the court set cash bail that individuals could not afford and therefore unlawfully detained them pretrial. Actions against state courts and state court judges in their judicial capacity are barred by Eleventh Amendment immunity. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: January 9, 2024, Case #: 22-55941, Categories: Constitution, Immunity
J. Lee finds that the district court improperly denied class certification for subclasses in an employment matter concerning two employee policies which allegedly violate California law. The company applied its rest break policy inconsistently during the proposed class period. The overwhelming record evidence showed that the company consistently enforced its policy across all employees. The matter is remanded for the district court to reassess the evidence. Reversed.
Court: 9th Circuit, Judge: Lee, Filed On: January 8, 2024, Case #: 22-55522, Categories: Employment, Class Action
J. Lee denies a petition for panel rehearing and amends an opinion affirming the district court’s denial of attorney fees and nontaxable costs. The U.S. Department of Labor brought the underlying lawsuit under the Employee Retirement Income Security Act, alleging that appellants sold their company to an employee stock ownership plan (ESOP) at an inflated value. The district court was correct in concluding that the government’s position at trial was substantially justified, and in denying attorney fees and nontaxable costs under the Equal Access to Justice Act. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 8, 2024, Case #: 22-15378, Categories: Erisa, Attorney Fees
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J. Sanchez denies a petition for panel rehearing and enters an amended order reversing the district court’s dismissal of the relator's action under the False Claims Act against Dr. Falk Pharma GmbH and drugmaker Valeant Pharmaceuticals International, Inc. The relator claims that Valeant fraudulently obtained two sets of patents related to a drug and used those patents to stifle competition from generic drugmakers. Publicly disclosed facts did not make a direct claim that Valeant committed fraud or permit a reasonable inference of fraud, so the public disclosure bar was not triggered. Reversed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 20-16176, Categories: Health Care, Patent, False Claims
J. Sanchez finds that the district court properly affirmed the Commissioner of Social Security’s denial of a claimant’s application for supplemental security income. The revised 2017 medical-evidence regulations were valid under the Social Security Act. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 5, 2024, Case #: 23-35096, Categories: Social Security
J. Lee finds that the district court properly entered a conviction against an illegal immigrant for attempted illegal entry into the United States. A border patrol agent witnessed the immigrant crawling on the ground near a border fence and later admitted he was a Mexican citizen without documentation. The immigrant argued that his Miranda warning was inadequate because the agent also warned him that the post-arrest interview may be his only chance to seek asylum. Sufficient evidence supported the immigrant’s confession. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 3, 2024, Case #: 21-50031, Categories: Evidence, Immigration, Miranda
J. Collins find that the district court improperly dismissed an action for lack of personal jurisdiction in which a class alleged that 11 foreign-based defendants violated federal and California law by participating in, or benefitting from, the distribution of videos on the internet that depicted the sexual abuse of victims of childhood sex trafficking. At least four of the videos depicting class lead, Jane Doe, were uploaded to two pornography websites. The district court erred in dismissing the remaining nine foreign defendants solely on the ground that there was no personal jurisdiction. Reversed.
Court: 9th Circuit, Judge: Collins, Filed On: January 2, 2024, Case #: 22-55315, Categories: Jurisdiction, Class Action
J. Bumatay amends an opinion denying a petition for rehearing and amends an opinion reversing the district court’s dismissal of the California Restaurant Association’s action alleging that the federal Energy Policy and Conservation Act (EPCA) preempts a City of Berkeley regulation that prohibits the installation of natural gas piping within newly constructed buildings. The EPCA preempts building codes like Berkeley’s ordinance that ban natural gas piping within new buildings. "In dismissing the suit, the district court limited EPCA’s preemptive scope to ordinances that facially or directly regulate covered appliances."
Court: 9th Circuit, Judge: Bumatay, Filed On: January 2, 2024, Case #: 21-16278, Categories: Energy, Municipal Law
J. Faris reverses the bankruptcy court's monetary sanctions against an attorney who told it the debtors she represented had completed their Chapter 13 plan, when, in fact, they were more than $50,000 behind on mortgage payments. It is plausible the attorney's statements were not false; however, her conduct "ranged from negligent to reckless to seriously misleading," and the bankruptcy court can consider other measures, such as a referral to the disciplinary counsel. Reversed.
Court: 9th Circuit, Judge: Faris, Filed On: December 29, 2023, Case #: CC‐23‐1112‐FLG , Categories: Bankruptcy, Sanctions, Attorney Discipline
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence obtained from two GPS tracking warrants. The lower court properly determined that a wiretap warrant was supported by probable cause and was necessary. The matter stems from a conviction and sentence for defendant's involvement in a conspiracy to distribute controlled substances. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: December 29, 2023, Case #: 21-10296, Categories: Drug Offender, Evidence, Search
J. Gilman grants an immigrant's petition for review of the Board of Immigration Appeals’ (BIA) decision and order denying her motion to remand for the consideration of her application for asylum. The BIA abused its discretion in failing to properly evaluate whether the immigrant had established good cause for missing a filing deadline.
Court: 9th Circuit, Judge: Gilman, Filed On: December 28, 2023, Case #: 21-411, Categories: Immigration
J. Graber finds that the district court properly entered a securities fraud conviction for defendant, who claimed that the district court improperly coerced the jurors into reaching a unanimous guilty verdict by sending them home at 4:30 p.m. with the instruction to return the next day. Simply excusing the jurors for an evening recess did not equal an instruction to them to strive for a unanimous verdict. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: December 28, 2023, Case #: 22-10249, Categories: Fraud, Jury, Securities
Per curiam, the Ninth Circuit vacates its previous order as moot concerning President Biden’s Contractor Mandate and Executive Order 14042 which has since been rescinded. The matter is remanded to the lower court with instructions to vacate the portion of the orders on appeal addressing all claims based on the Contractor Mandate.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 28, 2023, Case #: 22-15518, Categories: Administrative Law, Employment, Covid-19
J. Collins finds that the district court properly entered convictions against two defendants on drug-trafficking and money-laundering charges in connection with their distribution of “spice,” a synthetic cannabinoid product. However, the lower court improperly entered mail and wire fraud convictions. The drug-trafficking charges were based on the premise that, although the particular cannabinoid that defendants used had not yet been specifically listed as a prohibited controlled substance, it was treated as a controlled substance because it was an “analogue” of a listed substance. The evidence at trial was insufficient to prove the mail-fraud and wire-fraud offenses charged in the indictment. Affirmed in part.
Court: 9th Circuit, Judge: Collins , Filed On: December 27, 2023, Case #: 20-10288, Categories: Drug Offender, Fraud
J. Rawlinson denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant's harassment conviction was categorically for a crime of violence aggravated felony that made him ineligible for discretionary relief from removal. Affirmed.
Court: 9th Circuit, Judge: Rawlinson, Filed On: December 27, 2023, Case #: 21-456, Categories: Immigration
Per curiam, the Ninth Circuit grants the parties’ joint stipulated motion to voluntarily dismiss an appeal and withdraw a question that the panel had certified to the Washington Supreme Court. The matter is remanded for the district court to dismiss all claims against the State Appellants.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 21-35912, Categories: Employment
J. Donato finds that the district court improperly entered conviction against former congressman Jeffrey Fortenberry for making false statements after federal agents interviewed Fortenberry at his home in Lincoln, Nebraska, and his lawyer’s office in Washington, D.C., in connection with an investigation into illegal campaign contributions made by a foreign national through conduit donors. The matter is reversed for retrial in a proper venue after Fortenberry contended that the district court incorrectly denied his motion to dismiss the case because venue was improper in the Central District of California. Reversed.
Court: 9th Circuit, Judge: Donato , Filed On: December 26, 2023, Case #: 22-50144, Categories: Elections, Jurisdiction
Per curiam, the Ninth Circuit finds that the convictions and sentencing of defendant for attempted enticement of a minor was properly rendered. However, three special conditions of supervised release are vacated and remanded. Affirmed in part.
Court: 9th Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 22-10042, Categories: Sentencing
J. Ikuta finds that the district court improperly dismissed a civil suit brought by Spencer Elden, the man who was depicted on Nirvana's "Nevermind" album when he was a baby, alleging personal injury damages on the ground that he was a victim of child pornography when, as a baby, he was photographed naked in a pool. The district court dismissed the action as barred by a ten-year statute of limitations. Because each republication of child pornography may constitute a new personal injury, Elden’s complaint alleging republication of the album cover within the ten years preceding his action was not barred by the statute of limitations. Reversed.
Court: 9th Circuit, Judge: Ikuta, Filed On: December 21, 2023, Case #: 22-55822, Categories: Damages
J. Bade finds that the district court properly held that a class failed to show good cause to amend their complaint in a matter in which the class alleged that a creamery underfilled its pints of ice cream. However, the matter is remanded with instructions to dismiss the action without prejudice. Affirmed in part.
Court: 9th Circuit, Judge: Bade, Filed On: December 21, 2023, Case #: 21-56260, Categories: Class Action, False Advertising
J. Murguia orders that a three-judge panel opinion be vacated and that a matter can be reheard. The matter stems from multiple plaintiffs' lawsuit to "defend their fundamental liberty to pursue their chosen work as independent service providers." Plaintiffs alleged that California Assembly Bill 5, a 2020 enacted statute, violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment, the Ninth Amendment, and the Contracts Clause of Article I of the US Constitution.
Court: 9th Circuit, Judge: Murguia, Filed On: December 18, 2023, Case #: 21-55757, Categories: Constitution, Employment
J. Bress grants in part and denies in part a petition for review of an Environmental Protection Agency (EPA) amended pesticide registration of streptomycin sulfate, which is used to fight citrus diseases. Environmental groups argued that there was insufficient evidence to support the EPA’s determination that registration of streptomycin for use on citrus would not cause “unreasonable adverse effects on the environment,” as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Substantial evidence existed to support the EPA assessment concerning risks which could lead to antibiotic resistance. However, the EPA’s assessment of the risk that the registration poses to pollinators, such as bees, was incomplete.
Court: 9th Circuit, Judge: Bress, Filed On: December 13, 2023, Case #: 21-70719, Categories: Agriculture, Environment
J. Bea finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional plea to possessing a firearm as a felon. An informant and undercover officers conducted a controlled purchase of a firearm from defendant in a hotel room. Defendant claimed that the officers’ secret recording of the encounter "exceeded the scope of the 'implied license' he granted when he consented to the officers’ physical entry." No search violation had occurred. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: December 12, 2023, Case #: 22-50170, Categories: Firearms, Search
J. Pregerson finds that the district court improperly dismissed an inmate's claim that federal prison officials denied him treatment for Hepatitis C but held that the lower court properly dismissed his claim that federal prison officials discriminated against him by denying treatment. The claim arose within an existing context as established by another matter in which prison officials were deliberately indifferent to an inmate’s asthma. Reversed in part.
Court: 9th Circuit, Judge: Pregerson, Filed On: December 11, 2023, Case #: 21-35582, Categories: Prisoners' Rights
J. Gould finds that the district court properly entered summary judgment in favor of a Scottsdale Police Officer and the City of Scottsdale in an action alleging constitutional violations arising from a restaurant owner's arrest and citation for violating a Covid-19 emergency executive order, which prohibited restaurants from offering on-site dining. The restaurant owner was arrested for the exact behavior for which he had received previous warnings and he had sufficient notice to comply with the emergency executive order. Affirmed.
Court: 9th Circuit, Judge: Gould , Filed On: December 8, 2023, Case #: 22-16004, Categories: Covid-19
J. Forrest finds that the district court properly entered a dangerous-weapon enhancement concerning defendant's conviction and sentence after border patrol agents found a stun gun and several packages of personal-use drugs in defendant's driver-side door compartment. Defendant was detained and searched following a notification to watch for a rental car matching the general description of defendant's vehicle. Defendant was transporting two Mexican citizens without authorization to be in the United States. However, the panel vacated the sentence and remanded for the district court to determine whether defendant played a minor role in the transportation of illegal aliens. Defendant was paid to transport the two individuals from Jacumba, California to Spring Valley, California. Affirmed.
Court: 9th Circuit, Judge: Forrest , Filed On: December 8, 2023, Case #: 22-50222, Categories: Immigration, Weapons
J. Hamilton finds that the district court properly imposed a communication restriction on an employer in a putative collective and class wage-and-hour action under the Fair Labor Standards Act. The lead plaintiff objected after his former employer responded to his lawsuit seeking unpaid overtime wages by trying to persuade employees to agree not to join any class action and to encourage employees to settle their claims individually. The district court found that the employer’s communications were misleading and coercive. Affirmed.
Court: 9th Circuit, Judge: Hamilton, Filed On: December 7, 2023, Case #: 22-55731, Categories: Employment, Class Action