391 results for 'court:"9th Circuit"'.
J. Collins vacates in part and reverses a district court dismissal for lack of personal jurisdiction regarding claims asserted against 11 foreign-based defendants in a putative class action that alleged that 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 the class and of other victims of childhood-sex trafficking. The district court erred in holding that it lacked specific personal jurisdiction. Reversed.
Court: 9th Circuit, Judge: Collins, Filed On: February 14, 2024, Case #: 22-55315, Categories: International Law, Class Action
J. McKeown finds that the district court improperly dismissed an amended complaint brought by a mobile home park seeking to enjoin the enforcement of California AB 978, a mobile home rent control statute. The mobile home park alleged that if it raises mobile home rents more than AB 978 allows, the California Attorney General will enforce AB 978 against it and seek sanctions. The mobile home park adequately pled standing based on a pre-enforcement injury and plausibly alleged that it refrained from raising rents because of the Attorney General’s interpretation of AB 978, and demonstrated a substantial threat of enforcement given that the Attorney General not only refused to disavow its intent to enforce AB 978 but also admitted that AB 978 targets the mobile home park. Reversed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 13, 2024, Case #: 22-16063, Categories: Housing
J. Smith finds that the district court properly granted a company’s motion to compel arbitration and dismissed without prejudice consumers' six putative class actions arising from a data breach of the company’s websites. The class members had sufficient notice of the underlying arbitration provision. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 12, 2024, Case #: 22-56078, Categories: Arbitration, Privacy, Class Action
J. Fletcher finds that the district court properly entered an order compelling arbitration of a Private Attorneys General Act of 2004 (PAGA) class claim concerning employment with Lowe’s Home Centers. However, the district court erred in dismissing the lead plaintiff's non-individual PAGA claims. Affirmed in part.
Court: 9th Circuit, Judge: Fletcher , Filed On: February 12, 2024, Case #: 22-16486, Categories: Arbitration, Employment
J. Bumatay finds that the district court properly denied a habeas corpus petition challenging defendant's Nevada conviction and death sentence for robbery, burglary, and the first-degree murder of his former girlfriend's father. Defendant claimed that the Antiterrorism and Effective Death Penalty Act’s (AEDPA) deferential standard applies to his right-to-present-a-complete-defense claim. Defendant waived this issue by not presenting it to the district court. Affirmed.
Court: 9th Circuit, Judge: Bumatay , Filed On: February 9, 2024, Case #: 16-99000, Categories: Death Penalty, Habeas, Murder
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J. Bea finds that the district court improperly granted an individual's motion to strike an affirmative defense of waiver or release and remanded for further proceedings in a wrongful death admiralty action. The matter arose from the death of an individual's wife during a scuba and snorkeling tour from Lahaina Harbor to Molokini Crater, an atoll off the coast of Maui. Before the tour, the husband and his wife each signed a waiver document releasing rights to sue the diving company. The district court struck the defense on the basis that the liability waivers were void under a United States Code which prohibits certain liability waiver. The code in question prohibited liability waivers between ports, not from one port and back to a single port in the United States without stopping at any other port. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: February 8, 2024, Case #: 22-16149, Categories: Admiralty, Wrongful Death
Per curiam, the Ninth Circuit finds that the district court properly dismissed a whistleblower-retaliation action brought by a Canadian citizen who alleged the claim under the Sarbanes-Oxley and Dodd-Frank Acts. The whistleblower anti-retaliation provisions in the Sarbanes-Oxley and Dodd-Frank Acts do not apply outside the United States. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 22-15959, Categories: Whistleblowers, Employment Retaliation
Per curiam, the Ninth Circuit denied petitions for rehearing in a matter, finding that the district court was incorrect in exercising personal jurisdiction over an Indian satellite and space corporation under the Foreign Sovereign Immunities Act. The company failed to establish that the Indian company had the requisite minimum contacts for personal jurisdiction.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 20-36024, Categories: Corporations, Jurisdiction
J. Miller enters an order amending a previous Ninth Circuit opinion directing that no further petitions for rehearing be allowed in an immigration matter. An immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The immigrant alleged that the criminal charges were misapplied to him and that they actually involved his brother.
Court: 9th Circuit, Judge: Miller, Filed On: February 6, 2024, Case #: 20-72510, Categories: Immigration
J. Fletcher affirmed in part a district court judgment in favor of prison officials in an action brought by a Hawaii prison inmate, a Muslim, who alleged that prison officials violated his First Amendment right to free exercise of religion and unconstitutionally retaliated against him for engaging in protected First Amendment activity. The matter was vacated and remanded to allow the district court to conduct analysis concerning the delivery of an evening meal at 3:30 p.m. during Ramadan. The inmate alleged that the food delivery substantially burdened his free exercise of religion. The district court correctly granted partial summary judgment in favor of the Chief of Security on the inmate's claim that he was transferred from a medium-security facility to a high-security facility in retaliation for filing grievances. Affirmed in part.
Court: 9th Circuit, Judge: Fletch, Filed On: February 5, 2024, Case #: 22-15997, Categories: First Amendment, Prisoners' Rights
J. Smith finds that the district court properly confirmed an arbitral award in favor of a company in a dispute concerning the parties’ respective rights under a distribution and license agreement (DLA). The district court had jurisdiction to hear the motion to confirm the arbitral award but not for the reasons it held previously. The lower court ruled that it had diversity jurisdiction, but the Federal Arbitration Act gave the district court an independent basis for exercising jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 5, 2024, Case #: 23-55123, Categories: Arbitration, Contract
J. Sung finds that the district court properly dismissed a constitutional challenge to the designation of certain land in Multnomah County, Oregon, as “rural reserves” under the Oregon Land Reserves Statute. The property owners abandoned their facial constitutional claims on appeal and the matter was properly dismissed for failure to state a claim. Affirmed.
Court: 9th Circuit, Judge: Sung, Filed On: February 2, 2024, Case #: 21-35987, Categories: Property
J. Bybee finds that the district court improperly entered summary judgment for the county on judicial deception claims brought by parents after social workers removed their two minor children from their custody following an anonymous report that the parents were using medical marijuana to treat severe autism of one of the children. The application filed in support of the warrant of removal contained misrepresentations and omissions of fact. The social workers were not entitled to qualified immunity because the right to be free from judicial deception was clearly established. The lower court properly found for the social workers on the parents’ Fourth Amendment claim concerning a social worker's interview of the other child at school. The social worker was entitled to qualified immunity because she lacked fair notice that her conduct was unlawful. Reversed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: February 2, 2024, Case #: 21-55999, Categories: Family Law, Immunity
J. Smith finds that the district court improperly issued an order preliminarily enjoining enforcement of a Seattle ordinance that criminalizes the intentional writing, painting or drawing on property without the express permission of the property’s owner or operator. Individuals claim that the Seattle ordinance was "substantially overbroad under the First Amendment and facially vague under the Fourteenth Amendment." The lower court was incorrect in determining that the ordinance was "facially overbroad," and that the district court never acknowledged the ordinance’s numerous applications that would not implicate protected speech. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: February 2, 2024, Case #: 23-35449, Categories: Constitution, Municipal Law
J. Sung finds that the district court improperly denied Oregon State Governor Kate Brown and Director of the Oregon Health Authority Patrick Allen’s motion to dismiss a claim brought by Oregon state inmates for damages stemming from state officials’ assignment of a lower priority Covid-19 vaccination tier to state inmates than to correctional officers. The state officials were immune from liability for the vaccination prioritization claim under the Public Readiness and Emergency Preparedness Act. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: February 1, 2024, Case #: 22-35218, Categories: Covid-19, Prisoners' Rights
J. Desai finds that the district court properly entered a summary judgment order granting qualified immunity to a City of Clovis police officer, in an action alleging that the officer violated an individual's due process rights when the officer disclosed a confidential domestic violence report to the individual's abuser, another Clovis police officer. The officer was liable under the state-created danger doctrine. However, the officer was entitled to qualified immunity because it was not clearly established in 2013 that the officer's conduct violated the individual’s substantive due process rights. Affirmed.
Court: 9th Circuit, Judge: Desai, Filed On: January 26, 2024, Case #: 22-16335, Categories: Civil Rights, Immunity, Due Process
J. Fletcher finds that the district court properly dismissed an individual's claims of unlawful search and arrest as barred by the applicable statute of limitations. State-law claims were not tolled by a Covid-19 pandemic emergency tolling order and the limitations periods for those claims passed before either the order or rule went into effect. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: January 26, 2024, Case #: 22-55806, Categories: Civil Rights, Covid-19
J. Sanchez finds that the district court properly entered a conviction against an individual on one count of conspiracy to aid and abet his brother to Mexico to avoid prosecution for the murder of a police officer. The evidence was sufficient to show that the individual knew about and specifically intended to help his brother cross the border to Mexico to avoid prosecution. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 26, 2024, Case #: 21-10109, Categories: Evidence, Murder, Conspiracy
J. Wardlaw denies a petition for panel rehearing concerning an individual's claim that his confession in his criminal case was coerced in violation of his Fifth Amendment Rights. The matter is on remand from the United States Supreme Court in which the panel reversed the district court’s judgment on a jury verdict for the county and remanded for a new trial. The matter stems from the alleged assault of an individual at Los Angeles County/USC Medical Center.
Court: 9th Circuit, Judge: Wardlaw, Filed On: January 25, 2024, Case #: 18-56414 , Categories: Civil Rights, Constitution
J. Bybee finds that the district court properly entered conviction against an immigrant for illegal reentry. The government did not violate the immigrant's due process rights when it removed him via expedited proceedings in 2013, and he was properly convicted of illegal reentry. Affirmed.
Court: 9th Circuit, Judge: Bybee, Filed On: January 24, 2024, Case #: 21-50303, Categories: Immigration, Due Process
J. Smith finds that the district court improperly entered judgment holding that class members' Fourth Amendment rights were not violated when the FBI “inventoried” 700 safe deposit boxes at US Private Vaults. On remand the court orders the FBI to sequester or destroy the records of its inventory search pertaining to the class members. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: January 23, 2024, Case #: 22-56050, Categories: Constitution
J. Murguia orders that a case be reheard. The three-judge panel opinion is vacated. The matter stems from a privacy and misappropriation of name and likeness class action in which defendant allegedly used the class lead's name and personal information, including contact information and work histories, to promote its subscription service and sold access to that information without consent.
Court: 9th Circuit, Judge: Murguia, Filed On: January 18, 2024, Case #: 22-35305, Categories: Privacy, Class Action
J. Lee finds that a bankruptcy appellate panel properly rendered a decision affirming a bankruptcy court order denying a chapter 7 debtor a homestead exemption for a Palm Springs property where she formerly lived with her partner. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 17, 2024, Case #: 22-60055, Categories: Bankruptcy
J. Nguyen finds that the district court properly entered convictions on two defendants for Maritime Drug Law Enforcement Act violations which prohibits possession of a controlled substance with intent to distribute while on board a covered vessel. Defendants were arrested after the U.S. Coast Guard determined their speedboat was carrying at least 1,000 kilograms of cocaine off the coast of Ecuador. The United States treated the vessel as stateless and brought the matter under its jurisdiction. Defendants challenged the government’s jurisdiction, arguing the provision under which jurisdiction was exercised is unconstitutional. The definition of “vessel without nationality” does not conflict with international law. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: January 17, 2024, Case #: 22-50154, Categories: Drug Offender, Jurisdiction
J. Miller finds that the district court erred in granting a jet ski owner an injunction against a state-court lawsuit concerning a drowning at a corporate retreat in which an individual was thrown from a jet ski on Lake Tahoe. The matter is remanded with instruction to narrow the injunction so that it bars only claims against the owner, not claims against other parties. Vacated.
Court: 9th Circuit, Judge: Miller, Filed On: January 16, 2024, Case #: 22-16928, Categories: Product Liability, Wrongful Death
J. Bress finds that the district court improperly entered summary judgment in favor of a political press in a trademark infringement dispute with an online communication company over the use of the word “Punchbowl” in their marks. The mark is used to identify and distinguish news products. The mark is not immune from a traditional likelihood-of-confusion inquiry. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: January 12, 2024, Case #: 21-55881, Categories: Trademark
J. Koh finds that the district court properly granted a preliminary injunction in favor of a homelessness coalition on their Eighth Amendment claim seeking to prevent the City and County of San Francisco from enforcing any ordinance that punishes sleeping, lodging or camping on public property. The city’s new argument did not establish a basis to reverse the district court. The city's limited geographic scope argument was waived because the city conceded that it did not raise the argument with the district court. Affirmed.
Court: 9th Circuit, Judge: Koh, Filed On: January 11, 2024, Case #: 23-15087, Categories: Constitution, Municipal Law
J. Wallace finds that the district court improperly dismissed companies' putative class action asserting California state-law claims arising from Google’s placement of search results on copies of their websites. The companies challenged the way Google displayed websites in Search App on Android phones, claiming that by displaying frame and half-page digests, Google occupied valuable space on the websites of class members that Google should have paid. The state-law claim is preempted by federal copyright law and the matter is remanded to the lower court with instruction to dismiss. Reversed.
Court: 9th Circuit, Judge: Wallace, Filed On: January 11, 2024, Case #: 22-15899, Categories: Communications, Copyright
J. Bea finds that the district court properly dismissed an inmate's claim after he alleged that he was disciplined in prison without due process of law and sought damages for the disciplinary sanctions imposed. The inmate had to obtain habeas relief before filing this action. Because he did not, the action is barred. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: January 11, 2024, Case #: 22-35327, Categories: Habeas
J. Mendoza finds that the district court improperly dismissed an ERISA action brought by a surgery center which sought reimbursement from Anthem Blue Cross, an insurer and claims administrator, for the costs of medical services provided to patients. Under longstanding precedent, a healthcare provider has derivative authority to enforce ERISA’s protections if it has received a valid assignment of rights. The patients effectuated a valid assignment under the surgery center's “Assignment of Benefits.” Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: January 10, 2024, Case #: 22-55717, Categories: Erisa, Health Care, Insurance