391 results for 'court:"9th Circuit"'.
J. Schroeder finds that the district court properly dismissed an action brought by five registered California gun owners who challenged California legislation aimed at encouraging research on firearm violence that permits the California Department of Justice to disseminate information from its databases to accredited research institutions about purchasers of firearms and ammunition, as well as individuals who hold permits to carry concealed weapons. The gun owners did not state a claim for violation of the right to informational privacy under the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: May 8, 2024, Case #: 23-55133, Categories: Constitution, Privacy, Firearms
J. Nguyen grants an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of an immigration judge’s denial of a motion for reconsideration and termination of an underlying removal order based on a defective notice to appear.
Court: 9th Circuit, Judge: Nguyen, Filed On: May 7, 2024, Case #: 19-72446, Categories: Immigration
J. O'Scannlain denies a petition for rehearing and amends an opinion denying a hospital’s petition for review, granting the National Labor Relations Board’s cross-application for enforcement, and enforcing the Board’s order finding that the hospital engaged in an unfair labor practice under the National Labor Relations Act by ceasing union dues checkoff after the expiration of a collective bargaining agreement.
Court: 9th Circuit, Judge: O'Scannlain, Filed On: May 6, 2024, Case #: 22-1804, Categories: Employment, Health Care
J. Forrest vacates a district court order staying a securities fraud action pending completion of a Chapter 11 bankruptcy case and remands the matter. The matter arises from a group of retirement and pension funds which filed a consolidated putative securities class action against PG&E Corp., Pacific Gas & Electric Co., and some of its current and former officers, directors, and bond underwriters. PG&E filed for Chapter 11 bankruptcy which automatically stayed the action against PG&E but not the individual defendants. The district court abused its discretion in ordering the stay as to the individual defendants.
Court: 9th Circuit, Judge: Forrest, Filed On: May 3, 2024, Case #: 22-16711, Categories: Bankruptcy, Securities, Class Action
J. Rawlinson finds that the district court improperly denied a habeas corpus petition challenging a first-degree murder conviction. The matter involves a "cold case" which ended with a conviction 35 years after the murder but was based entirely on circumstantial evidence after the trial judge excluded exculpatory evidence of another viable suspect who was the last person to see the victim alive. The decision was based on an unreasonable determination of facts. Reversed.
Court: 9th Circuit, Judge: Rawlinson, Filed On: May 3, 2024, Case #: 21-55038, Categories: Evidence, Murder
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J. Murguia vacates a sentence and remands a matter which the panel voted to rehear to reconsider the heightened standard of proof for factual findings at sentencing. The panel overruled its prior precedent and fully adopted the “preponderance of the evidence” standard. The matter stems from a search of a cell phone while defendant was on probation which yielded images of defendant in his home with a firearm and magazine. Defendant was indicted for and pleaded guilty to a single count of illegal possession of a firearm as a convicted felon.
Court: 9th Circuit, Judge: Murguia , Filed On: May 2, 2024, Case #: 22-50064, Categories: Evidence, Sentencing
J. Forrest finds that the district court improperly denied a motion to suppress a firearm found during a warrantless search of defendant’s truck in a case that presented the question of whether an officer’s failure to comply with governing administrative procedures is relevant in assessing the officer’s motivation for conducting an inventory search. The deputies who searched defendant’s truck acted solely for investigatory reasons and the warrantless search therefore violated the Fourth Amendment. Reversed.
Court: 9th Circuit, Judge: Forrest, Filed On: May 2, 2024, Case #: 20-50345, Categories: Constitution, Firearms, Search
J. Ikuta finds that the district court properly determined that the State Bar’s action did not cause a student to suffer a cognizable deprivation under federal law in a matter in which he alleged that the California State Bar Director of Admissions violated his Fourteenth Amendment and the California’s Unruh Act. The law student petitioned the State Bar of California for a hearing to excuse his delay in taking the First Year Law Students Exam. When the State Bar denied the petition, the student brought this action against its Director of Admissions. The district court incorrectly ruled that it lacked original jurisdiction. Affirmed in part.
Court: 9th Circuit, Judge: Ikuta, Filed On: April 30, 2024, Case #: 23-55188, Categories: Constitution
J. Nguyen finds that the district court properly dismissed a nightclub operator's claim in an action alleging First Amendment and due process violations when the city suspended its license to operate a nightclub for thirty days following a shooting outside the club. The city found the club operated its venue in a manner that caused the shooting and created a public nuisance in violation of San Jose Municipal Code. The club failed to state a procedural due process claim. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: April 30, 2024, Case #: 20-15085, Categories: Constitution, Municipal Law
J. Callahan denies a petition for review of the U.S. Nuclear Regulatory Commission's decision granting Pacific Gas & Electric's request for an exemption to the deadline for a federal license renewal application for the continued operation of the Diablo Canyon Nuclear Power Plant.
Court: 9th Circuit, Judge: Callahan, Filed On: April 29, 2024, Case #: 23-852, Categories: Energy, Licensing
J. Nelson finds that the district court properly declined to preliminarily enjoin a California Public Utilities Commission rule changing the mechanism for charging telecommunications providers to fund California’s universal service program. The district court properly denied preliminary injunctive relief because the carriers were unlikely to succeed on the merits of their express preemption claims. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 26, 2024, Case #: 23-15490, Categories: Communications
J. Bennett finds that the district court improperly denied Warner Bros. Entertainment’s motion to compel arbitration pursuant to the terms of service in a mobile application Game of Thrones: Conquest. A putative class action filed against Warner Bros. alleged false and misleading advertising within the game. The mobile game has a “sign-in wrap agreement” where users are required to advance through a sign-in screen which states “By tapping ‘Play,’ I agree to the Terms of Service.” A sign-in wrap agreement may be an enforceable contract based on inquiry notice if the website provides reasonably conspicuous notice of the terms. The district court was incorrect in finding that Warner Bros. failed to provide reasonably conspicuous notice. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 26, 2024, Case #: 22-55982, Categories: Class Action, False Advertising
J. McKeown grants the National Labor Relations Board’s application for enforcement of its order directing Starbucks in Seattle to cease and desist from failing and refusing to recognize and bargain with a union. The Board held that by refusing to recognize and bargain with the union, Starbucks engaged in unfair labor practices. Starbucks refused to recognize and bargain with the union, claiming that the regional director should have ordered an in-person election instead of a mail-in vote. The Board correctly applied its own law in determining that the regional director appropriately exercised its discretion to hold a mail-ballot election. The certification of the union’s representative was proper, and the Board correctly found that Starbucks committed a violation by refusing to bargain.
Court: 9th Circuit, Judge: McKeown, Filed On: April 24, 2024, Case #: 22-1969, Categories: Employment, Labor / Unions
J. Bennett affirmed in part and vacated in part a district court preliminary injunction limiting wolf trapping and snaring in certain parts of Montana to January 1, 2024 through February 15, 2024. Environmental groups alleged that Montana’s laws authorizing recreational wolf and coyote trapping and snaring, including regulations approved by the Montana Fish and Wildlife Commission, allowed the unlawful “take” of grizzly bears, a threatened species. The district court was correct in considering new arguments and new materials, submitted with the organizations' reply brief in support of their motion for a preliminary injunction, because the record showed that the State of Montana had an opportunity to respond to those submissions. However, the injunction was overbroad because it prevents Montana from trapping and snaring wolves for research purposes. Affirmed in part.
Court: 9th Circuit, Judge: Bennett, Filed On: April 23, 2024, Case #: 23-3754, Categories: Environment
J. Forrest finds that the district court improperly dismissed a hostile-work-environment claim brought by a NASA scientist but affirmed the district court’s summary judgment in favor of NASA on his disability-discrimination claim, and remanded for further proceedings. The employee has physical disabilities related to his hips and spine that he alleged required him to purchase premium-class airlines tickets for flights over an hour long. He sued NASA under the Rehabilitation Act of 1973, alleging that he suffered a hostile work environment after informing his supervisors of his disabilities and requesting upgraded airline tickets for work travel, and alleging he was discriminated against due to his disability by being passed over for a promotion. Affirmed in part.
Court: 9th Circuit, Judge: Forrest, Filed On: April 22, 2024, Case #: 22-15889, Categories: Employment, Employment Discrimination
J. Rakoff finds that the district court properly granted class certification in a consumer class action concerning the marketing of the pet health product Cosequin. The class expert's proposed damages model was sufficiently sound and developed to satisfy this standard at the class certification stage. Affirmed.
Court: 9th Circuit, Judge: Rakoff, Filed On: April 22, 2024, Case #: 22-55744, Categories: Damages, Product Liability, Class Action
J. Nelson denied a pilot's petition for review of the National Transportation Safety Board’s order affirming the Federal Aviation Administration's revocation of his pilot certificate. The pilot transported marijuana, which is legal under Alaska law but a controlled substance under federal law, by aircraft within Alaska which prompted the FAA to revoke his pilot certificate. The pilot did not show that the FAA lacked jurisdiction to revoke his pilot certificate because Congress cannot authorize an administrative agency to regulate purely intrastate commerce like marijuana delivery within Alaska.
Court: 9th Circuit, Judge: Nelson, Filed On: April 22, 2024, Case #: 22-70129, Categories: Aviation
J. VanDyke finds that the district court improperly denied a Redwood City police officer qualified immunity in an action alleging constitutional and state law violations arising from the deadly shooting of an individual. Officers responded to a call involving a man attempting suicide with a knife in his backyard. When they arrived, they found the man’s wife covered in blood and frantically pleading for help. After making contact with police, the man moved toward officers while brandishing the knife and was subsequently shot and killed by one officer. Decedent's family failed to show that the officer’s conduct was objectively unreasonable. Reversed.
Court: 9th Circuit, Judge: VanDyke, Filed On: April 19, 2024, Case #: 22-17008, Categories: Civil Rights, Immunity
J. Hurwitz finds that the district court properly entered convictions and sentence for various offenses arising out of an assault on defendant's girlfriend. Sufficient evidence supported the convictions, sentences and sentence enhancements. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: April 19, 2024, Case #: 21-10230, Categories: Sentencing, Assault
J. McKeown finds that the district court properly dismissed a securities fraud action against an international information services company under a Securities Exchange Act and Rule. The class alleged that the company made materially misleading statements by omitting key facts regarding a 2015 acquisition and a 2017 investment. The class was unable to show a strong inference that the company acted with the intent to deceive or with deliberate recklessness as to the possibility of misleading investors. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: April 19, 2024, Case #: 22-55829, Categories: Securities, Class Action
J. Lee finds that the district court properly denied defendant's motion to suppress in a case in which defendant argued that a police officer violated the Fourth Amendment by asking about parole status during a traffic stop. Asking about parole status during a traffic stop does not offend the Fourth Amendment because the question reasonably relates to the officer’s safety. However, the matter is remanded in part so that the district court can correct the written judgment to conform it to the oral pronouncement of sentence. Affirmed in part.
Court: 9th Circuit, Judge: Lee, Filed On: April 18, 2024, Case #: 22-50045, Categories: Parole, Search, Sentencing
J. Bybee finds that the district court improperly denied an individual's motion for preliminary injunctive relief in an action arising from two events, an abortion rally and an LGBTQ+ pride event, in which the individual, a devout Christian, sought to read Bible passages and was arrested for obstructing a police officer after he refused to move to a different location. The individual alleges that attendees at both events physically assaulted him, stole his Bibles and ripped them up. He further alleges that Seattle police opted to arrest the individual for obstructing rather than deal with the attendees who assaulted him. The individual established a likelihood of success on the merits of his First Amendment claim. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: April 18, 2024, Case #: 23-35481, Categories: Constitution, Assault, First Amendment
J. Tallman finds that the district court properly denied a motion to suppress evidence after a California parolee was arrested and charged with possession with intent to distribute fentanyl, fluorofentanyl and cocaine. The California Highway Patrol did not violate the Fourth Amendment in their search of defendant's cell phone during a traffic stop, made possible by the officers’ forced use of his thumb to unlock the device. Affirmed.
Court: 9th Circuit, Judge: Tallman, Filed On: April 17, 2024, Case #: 22-50262, Categories: Drug Offender, Search
J. Murguia dismisses a complaint of judicial misconduct against a district judge. The matter is governed by the Rules for Judicial Conduct and Judicial-Disability Proceedings, therefore, the names of complainant and the subject judge are not disclosed in the order.
Court: 9th Circuit, Judge: Murguia, Filed On: April 16, 2024, Case #: 22-90122, Categories: Judiciary
J. Berzon denies a petition for panel rehearing and amends an opinion filed on July 3, 2023, now affirming the district court’s summary judgment in favor of the U.S. Forest Service in an action brought by an environmental group alleging that the Service’s approval of the Walton Lake Restoration Project violated the National Environmental Policy Act. The Forest Service developed the Project to replace trees infested with laminated root rot and bark beetles with disease-resistant trees. The judgment of the district court is affirmed and the previous stay of its order dissolving the preliminary injunction is lifted. Affirmed.
Court: 9th Circuit, Judge: Berzon, Filed On: April 16, 2024, Case #: 22-35857, Categories: Environment
J. Thomas vacates a conviction by jury trial for two counts of assaulting a federal officer resulting in bodily injury The district court abused its discretion in excluding the sworn statement of a government attorney as hearsay.
Court: 9th Circuit, Judge: Thomas, Filed On: April 16, 2024, Case #: 22-50217, Categories: Assault
J. Tallman affirmed a matter in part from a combined jury and bench trial against a munitions and explosives company in an action brought by the Santa Clarita Valley Water Agency (SCVWA) that alleged that the company was responsible for contamination of groundwater that the agency pumps from wells. The district court properly permitted SCVWA to assert restoration costs as a measure of damages for the first time after the close of discovery, SCVWA adequately established that groundwater treatment facilities were an appropriate measure of damages, and the jury award of restoration costs was reasonable. However, the district court improperly denied a finding to SCVWA a liability against the company for one category of incurred response costs under the Comprehensive Environmental Response, Compensation, and Liability Act. Affirmed in part.
Court: 9th Circuit, Judge: Tallman, Filed On: April 15, 2024, Case #: 22-55727, Categories: Environment, Water
J. Forrest finds that the district court properly entered summary judgment for the City and County of Fresno, a number of its law enforcement officers, and a paramedic in an action brought by the family of an individual who asphyxiated and died after the officers, at the direction of the paramedic, used their body weight to restrain him while he was prone in order to strap him to a backboard for hospital transport. The law-enforcement officers and the paramedic are entitled to qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Forrest, Filed On: April 15, 2024, Case #: 22-15546, Categories: Civil Rights, Immunity