387 results for 'court:"9th Circuit"'.
J. Hamilton finds that the district court properly entered summary judgment for a psychiatrist at Patton State Hospital in California in an action where a patient alleged that he was attacked by a fellow patient while he was a pretrial detainee and a patient at the hospital. The patient offered no evidence that the psychiatrist failed to act reasonably concerning the attack and found in favor of the psychiatrist on the merits rather than based on the defense of qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Hamilton, Filed On: August 25, 2023, Case #: 22-55588, Categories: Civil Rights, Prisoners' Rights
J. Christen finds that the district court properly ordered special conditions of supervised release. The district court did not unconstitutionally delegate its judicial authority when it ordered a specific time range for defendant's inpatient substance treatment. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: August 25, 2023, Case #: 22-10203, Categories: Constitution, Sentencing
J. Nelson finds that the district court improperly granted inmates a twelve-month extension of a settlement agreement in which the State of California agreed to stop housing inmates in solitary confinement for long-term or indefinite periods based on affiliation with gangs. There was no basis for extending the agreement based on the inmates’ claim that the California Department of Corrections and Rehabilitation and state officials regularly mischaracterizes the confidential information used in disciplinary hearings. Reversed.
Court: 9th Circuit, Judge: Nelson, Filed On: August 24, 2023, Case #: 21-15839, Categories: Civil Rights, Settlements
J. Bumatay finds that the district court properly made a finding of contempt on certain counts in a software copyright infringement litigation. The permanent injunction generally prohibited a company from preparing derivative works from or distributing certain types of the copyright holder's software. However, the lower court improperly held the company in contempt for creating copies of the copyright holder's Database file on its systems. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: August 24, 2023, Case #: 22-15188, Categories: Copyright
J. Bade finds that the district court properly entered an order in a multidistrict litigation (MDL) in a case involving product liability from a medical company which makes and markets medical devices, including blood clot filters. For several years, the company defended against product liability lawsuits alleging that its retrievable blood clot filters caused injuries and deaths. The district court’s order requiring common benefit fund assessments in the non-MDL cases was within the scope of the district court’s authority. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: August 24, 2023, Case #: 22-15872, Categories: Product Liability
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lee denies a petition for review of a decision of the Board of Immigration Appeals (BIA). The panel rejected an immigrant's suggestion that Immigration Judges and BIA members are principal officers who must be nominated by the President and confirmed by the Senate. They are inferior officers and their appointments may be vested in the head of a department.
Court: 9th Circuit, Judge: Lee, Filed On: August 24, 2023, Case #: 18-71987, Categories: Immigration
J. Tashima finds that the district court properly entered judgment on a third revocation of defendant's supervised release. An appeal challenging a supervised release revocation is "not the proper avenue through which to attack the validity of the underlying sentence." Affirmed.
Court: 9th Circuit, Judge: Tashima, Filed On: August 24, 2023, Case #: 23-50012, Categories: Sentencing
J. Anello vacates a previous opinion and replaces with a new opinion granting a petition for panel rehearing and denying as moot a petition for rehearing in a matter concerning ERISA liability for breach of fiduciary duties and wrongful denial of benefits. The beneficiaries have standing to bring their claims. The beneficiaries sufficiently allege a concrete injury as to their fiduciary duty claim.
Court: 9th Circuit, Judge: Anello, Filed On: August 22, 2023, Case #: 20-17363, Categories: Employment, Erisa
J. Miller finds that the district court properly denied a company’s motion to dismiss a complaint filed by the Federal Energy Regulatory Commission (FERC) that sought an order affirming the assessment of a civil penalty against the company and one of its traders for making "unlawful manipulative trades in the California energy market." The company contended that FERC’s federal district court action was untimely, but the claim was within the five-year statute of limitations. Affirmed.
Court: 9th Circuit, Judge: Miller, Filed On: August 18, 2023, Case #: 22-15584, Categories: Energy, Trade
J. Nelson finds that the district court properly entered summary judgment in favor of Nevada prison officials in a matter in which an inmate claims that the officials denied him meaningful access to the courts under the First Amendment. The inmate alleged that the practice of requiring lockdown inmates to use a paging system to request law library materials, instead of physically visiting the law library, deprived him of access to the courts. The inmate could not show actual injury and therefore lacked standing. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: August 18, 2023, Case #: 21-15044, Categories: First Amendment, Prisoners' Rights
J. Gould finds that the district court properly entered judgment in favor of the City and County of San Francisco after officers arrested an individual. The police had probable cause to conduct the arrest of the individual. Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: August 18, 2023, Case #: 21-16547, Categories: Civil Rights
J. Wardlaw finds that the district court properly issued an order preliminarily enjoining Idaho’s Fairness in Women’s Sports Act , which is a ban on the participation of transgender individuals in women’s student athletics. The district court did not abuse its discretion when it found that the athletes were likely to succeed on the merits of their claim that the Act violates the Equal Protection Clause of the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: August 17, 2023, Case #: 20-35813, Categories: Civil Rights, Constitution, Education
J. McKeown finds that the district court properly entered judgment imposing over $8 million in penalties against a taxpayer for promoting a tax-avoidance scheme that involved charitable deductions claimed in connection with the donation of unwanted timeshares. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: August 17, 2023, Case #: 22-35208, Categories: Tax
Per curiam, the Ninth Circuit finds that the district court improperly denied the County of Riverside's motion for judgment after an individual alleged due process and civil rights violations by suppressing another person’s confession to a murder for which the individual was arrested and held for almost four years before the charges were dismissed. The individual failed to show prejudice from the nondisclosure of the confession. Reversed.
Court: 9th Circuit, Judge: Per curiam, Filed On: August 15, 2023, Case #: 22-55614, Categories: Civil Rights
J. Collins finds that the district court properly entered a sentence following a guilty plea to possession of a firearm by a convicted felon. Defendant argued that the district court should not consider his prior 2004 federal convictions in determining his sentencing range. Neither the Constitution nor any federal statute granted defendant a right to challenge the validity of his 2004 convictions in connection with their use in enhancing his sentence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 15, 2023, Case #: 21-30277, Categories: Firearms, Sentencing
Per curiam, the Ninth Circuit denies a petition for panel rehearing in a case in which the panel remanded a matter for the Board of Immigration Appeals to reassess the evidence under the correct legal framework.
Court: 9th Circuit, Judge: Per curiam, Filed On: August 15, 2023, Case #: 19-70961, Categories: Immigration
J. Gould vacates a Federal Aviation Administration’s (FAA) denial of a petition for discretionary review of a plan to construct 72 wind turbines to generate renewable energy in Southern California. The FAA’s rejection of the organization's petition for discretionary review for the sole reason that the organization did not comment on the aeronautical study of the project was arbitrary.
Court: 9th Circuit, Judge: Gould, Filed On: August 15, 2023, Case #: 21-71426, Categories: Environment, Public Record
J. Nelson finds that the district court properly dismissed a First Amendment retaliation claim brought by a federal prisoner for medical indifference. However, the prisoner's Eighth Amendment claim under the same question of medical indifference is remanded for further proceedings. Affirmed in part.
Court: 9th Circuit, Judge: Nelson, Filed On: August 15, 2023, Case #: 20-55004, Categories: Civil Rights, Constitution
J. Bybee finds that the district court properly entered defendant's conviction and sentence, determining that aiding and abetting Hobbs Act robbery is a crime of violence. Defendant's conviction and mandatory minimum sentence for the use of a firearm during a crime of violence was properly entered. Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 15, 2023, Case #: 17-50167, Categories: Robbery, Sentencing
J. Paez finds that the district court properly determined that the individual's suit for injunctive relief against Columbia Basin College officials can proceed. Columbia Basin College officials terminated the individual from the nursing program after learning that he had sought medical treatment for homicidal thoughts about three instructors. Affirmed.
Court: 9th Circuit, Judge: Paez, Filed On: August 14, 2023, Case #: 21-35995, Categories: Constitution, Education
J. Christen finds that the district court properly dismissed two complaints alleging that food product labels advertising the amount of protein in the products were false and misleading under both federal and state law. The individuals did not show that the protein claims on the labels were false because the nitrogen method for calculating protein content overstated the actual amount of protein the products contained. FDA regulations specifically allow manufacturers to measure protein quantity using the nitrogen method, to display that value in the nutritional facts panel, and to use it to make a quantitative nutrient content claim. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: August 14, 2023, Case #: 22-15377, Categories: Product Liability
J. Koh grants a petition for review of the Board of Immigration Appeals’ (BIA) denial of an immigrant's motion to reopen removal proceedings based on changed circumstances. The BIA's determination that the immigrant failed to establish prima facie eligibility for relief was improper because new evidence likely undermined the Board’s prior finding.
Court: 9th Circuit, Judge: Koh, Filed On: August 11, 2023, Case #: 18-70225, Categories: Immigration
J. Nelson finds that the district court improperly entered summary judgment in an action brought by a Chinese company seeking relief under the Racketeer Influenced and Corrupt Organizations Act (RICO) for allegedly defective products purchased from a California-based company. The district court applied the incorrect legal standard by holding that the Chinese company failed to satisfy statutory standing because it lacked a domestic injury as its alleged harm was in China. The matter is remanded for further proceedings. Reversed in part.
Court: 9th Circuit, Judge: Nelson, Filed On: August 11, 2023, Case #: 21-55809, Categories: Product Liability, Racketeering
J. Graber finds that the district court properly denied defendant's motion to amend his motion to vacate his convictions for witness tampering and discharging a firearm during and in relation to a crime of violence. Defendant alleges that witness tampering is not a predicate crime of violence. Defendant was convicted under a divisible part of the witness-tampering statute that qualifies as a crime of violence. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: August 11, 2023, Case #: 22-35030, Categories: Firearms, Sentencing, Witnesses
J. Collins finds that the district court properly affirmed a bankruptcy court’s judgment in favor of the United States in an adversary proceeding brought by the former chief financial officer of a company as a Chapter 13 debtor. The bankruptcy court’s judgment was sufficiently “final” because it fully disposed of the claims raised in an adversary complaint. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 11, 2023, Case #: 20-56047, Categories: Bankruptcy
J. Owens finds that the district court properly issued a refund order to a company for the "unconstitutional statutory fees" it paid as a bankruptcy debtor under the Bankruptcy Judgeship Act of 2017. The 2017 Act applied to the company’s bankruptcy proceeding, even though its case was already pending when the Act took effect. Affirmed.
Court: 9th Circuit, Judge: Owens, Filed On: August 10, 2023, Case #: 21-55643, Categories: Bankruptcy, Constitution
J. Christen finds that the district court improperly entered conviction of a Syrian national for participating in a conspiracy that targeted U.S. military personnel and property in Iraq for the counts of "conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same." Those counts are remanded to the lower court to vacate those convictions. However, the court properly entered conviction for conspiring to use a weapon of mass destruction and conspiring to damage U.S. Government property by means of an explosive. Affirmed in part.
Court: 9th Circuit, Judge: Christen, Filed On: August 9, 2023, Case #: 18-10435, Categories: Terrorism
J. Nguyen grants a petition for review of the Board of Immigration Appeals’ denial of an immigrant's motion to reopen immigration proceedings to apply for cancellation of removal. The BIA applied the incorrect legal standard for failure to establish a prima facie case for relief.
Court: 9th Circuit, Judge: Nguyen, Filed On: August 8, 2023, Case #: 20-71977, Categories: Immigration
J. Smith finds that the district court properly dismissed a class claim alleging a violation of the Telephone Consumer Protection Act after a company sent an individual at least three mass marketing text messages that utilized “prerecorded voices.” The text messages did not use prerecorded voices under the Act because they did not include audible components. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: August 8, 2023, Case #: 22-55517, Categories: Communications
J. Hurwitz finds that the district court properly entered judgment after five public-agency exemplar plaintiffs sued a company alleging that it violated the False Claims Acts by representing that its polyvinyl chloride pipes were compliant with industry standards. Sufficient evidence of falsity supported the verdict. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: August 8, 2023, Case #: 21-56288, Categories: Evidence, Product Liability