9 results for 'judge:"Forrest"'.
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. 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
J. Forrest finds that the district court properly entered conviction after a jury found defendant guilty of knowingly importing cocaine and methamphetamine. However the matter is remanded for resentencing. The district court erred by not making an explicit reliability finding related to an expert’s testimony about the value of the drugs found in defendant's vehicle, but the error was harmless. However, the matter is remanded for resentencing in line with recent authority clarifying the process for conducting a "mitigating role inquiry." Affirmed in part.
Court: 9th Circuit, Judge: Forrest, Filed On: March 25, 2024, Case #: 22-50069, Categories: Drug Offender, Sentencing
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judgment and remands with instructions to dismiss as moot two cases brought by doctors who challenged California’s now-repealed Assembly Bill 2098, which made it “unprofessional conduct” for a doctor to provide Covid-19-related “disinformation” or “misinformation” to patients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. 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
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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. 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
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
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