385 results for 'court:"9th Circuit"'.
J. VanDyke grants a stay pending appeal after the State of Idaho enacted abortion restrictions following Dobbs v. Jackson Women’s Health Organization. Idaho placed abortion restrictions prompting the federal government to sue claiming that a "federal law unrelated to abortion preempts the will of the people of that state, through their elected representatives." No preemption in this matter exists, therefore the Idaho Legislature is entitled to a stay of the district court’s order improperly enjoining its abortion restrictions.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 28, 2023, Case #: 22-35440, Categories: Health Care
J. VanDyke grants a stay pending appeal after the State of Idaho enacted abortion restrictions following Dobbs v. Jackson Women’s Health Organization. Idaho placed abortion restrictions prompting the federal government to sue claiming that a "federal law unrelated to abortion preempts the will of the people of that state, through their elected representatives." No preemption in this matter exists, therefore the Idaho Legislature is entitled to a stay of the district court’s order improperly enjoining its abortion restrictions.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 28, 2023, Case #: 23-35450, Categories: Health Care
J. Tashima finds that the district court improperly denied a motion to compel arbitration in a fraudulent transfer action and remands the matter for further proceeding. The matter involves a Ponzi scheme which was the subject of a Securities and Exchange Commission enforcement action and resulted in the appointment of a receiver. The district court found that the receiver was bound by arbitration agreements signed by the receivership company that was the "instrument of the Ponzi scheme." The matter is remanded to consider whether the investors met their burden of establishing that the fraudulent transfer claims arose out of agreements with the receivership entity. Reversed.
Court: 9th Circuit, Judge: Tashima , Filed On: September 28, 2023, Case #: 22-55856, Categories: Arbitration, Fraud
J. Fletcher finds that the district court improperly entered summary judgment in favor of the University of Arizona and remanded in an action brought under Title IX by an individual. Orlando Bradford, who was attending the University on a football scholarship, repeatedly and violently assaulted the individual. At the time of the assault, university officials knew that Bradford had repeatedly and violently assaulted two other female undergraduates the previous year. The individual presented sufficient evidence to support a finding that the university acted with deliberate indifference. Reversed.
Court: 9th Circuit, Judge: Fletcher, Filed On: September 25, 2023, Case #: 20-15568, Categories: Education
J. Collins finds that the district court improperly allowed defendants' counsel to elicit the opinions expressed in a police report prepared by the Arizona Department of Public Safety as to the cause of a vehicle collision in a wrongful death trial arising from a collision between a sedan and a tour bus on a U.S. highway within the boundaries of the Navajo Nation reservation. However, the district court properly found in favor of defendants to the extent that it dismissed all claims that had been asserted solely under Navajo law. Affirmed in part.
Court: 9th Circuit, Judge: Collins, Filed On: September 22, 2023, Case #: 20-15908, Categories: Native Americans, Vehicle, Wrongful Death
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J. Tashima finds that the district court properly concluded that the value of the complimentary hotel rooms was properly excluded from the calculation of the employees' regular rate of pay. However, the lower court improperly granted summary judgment to the employer as to the employees' claim that the employer failed to pay them immediately for their accrued vacation time after they were laid off due to the Covid-19 pandemic. This issue is remanded for the district court to consider whether the employer acted willfully in failing to comply with the prompt payment provisions. Affirmed in part.
Court: 9th Circuit, Judge: Tashima, Filed On: September 22, 2023, Case #: 22-55276, Categories: Employment, Covid-19
J. McKeown finds that the district court properly denied ZoomInfo Technologies' motion to strike a class complaint under California’s anti-SLAPP law on the alternative ground that the complaint fell within the public-interest exemption to the anti-SLAPP law. The class lead alleges that ZoomInfo did not obtain her permission or compensate her when it used her name and likeness in its online directory to promote its product. At this stage, the class lead has plausibly pleaded that she suffered sufficient injury to establish constitutional standing to sue. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: September 21, 2023, Case #: 22-35305, Categories: Anti-slapp, Class Action
J. Bennett dismisses an action challenging California laws that make it unlawful for any person subject to a civil restraining order issued by a California state court to possess firearms or ammunition. The matter involves a dispute between individuals and their neighbor, which resulted in restraining orders issued against the individuals by the California Superior Court. This case was moot because the restraining orders have expired and there was no reasonable expectation that the individuals will be subject to the same action again.
Court: 9th Circuit, Judge: Bennett , Filed On: September 21, 2023, Case #: 21-56292, Categories: Restraining Order, Firearms
J. Collins finds that the district court properly entered defendant's conviction under the Federal Food, Drug, and Cosmetic Act (FDCA) for shipping misbranded drugs. Defendant claims that the lower court was incorrect in concluding that the charged offense did not require proof that he knew that the drugs he shipped were misbranded. The text of the various provisions of the FDCA at issue does not contain any language that imposes a knowledge of wrongdoing requirement. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 20, 2023, Case #: 22-30048, Categories: Evidence
J. Kern finds that the circuit court properly sentenced defendant to life in prison without parole. Defendant, while a no-contact order was in place and armed with a handgun, forced his way into the home where his wife was staying with her ninety-year-old grandmother. When the grandmother attmepted to call police, defendant fatally shot her in the face. Defendant argued his sentence violated the Eighth Amendment. Affirmed.
Court: 9th Circuit, Judge: Kern, Filed On: September 20, 2023, Case #: 2023SD51, Categories: Murder, Sentencing, Restraining Order
J. Nguyen finds that the district court properly entered summary judgment in favor of Alaska Railroad Corp. in its action against a property owners association after Alaska Railroad sought to quiet title in a railroad right-of-way and to clarify that its interest in the right-of-way includes an exclusive-use easement. The Alaska Railroad Act of 1914 authorized the creation of the Alaska Railroad, a federal railroad, and reserved railroad rights-of-way to the United States. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: September 18, 2023, Case #: 22-35573, Categories: Property
J. Bade finds that the district court properly awarded costs to a hotel in an action brought under the Americans with Disabilities Act (ADA). The district court properly determined what rule governs the award of costs to a prevailing ADA defendant and allows an award in the court’s discretion. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: September 15, 2023, Case #: 21-55926, Categories: Ada / Rehabilitation Act
J. Sung grants an immigrant's petition for review of an immigration judge’s decision upholding an asylum officer’s negative reasonable fear determination following the reinstatement of a prior order of removal. The immigrant’s credible testimony sufficiently established a reasonable fear of persecution or torture. The immigrant testified that three cartels seek to control the region around his hometown in Mexico. Autodefensa, a local community defense group, fights to prevent cartel influence. The cartels carry out weekly attacks to kill Autodefensa members, and target families of community defense members to erode resistance to cartel control. The immigrant's uncle is the leader of Autodefensa and his father and three other uncles are or were members, before some of them were killed. The immigrant fears that, if removed to Mexico, the cartels will discover his identity as a relative of Autodefensa members and kill him.
Court: 9th Circuit, Judge: Sung, Filed On: September 14, 2023, Case #: 18-71220, Categories: Immigration
J. VanDyke denies a petition for review of the Board of Immigration Appeals’ dismissal of an appeal by an immigrant of an immigration judge’s denial of cancellation of removal. The immigrant has been a lawful permanent resident of the United States since 2003. Since that time, he has been convicted of theft, criminal trespass, DUI and possession of heroin. The agency was correct in deciding that a stop-time rule is calculated from the date the immigrant committed a criminal offense that rendered him removable.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 14, 2023, Case #: 21-1098, Categories: Drug Offender, Immigration
J. Nelson finds that the district court improperly affirmed a bankruptcy court’s enhanced fee award to the trustee in a funded Chapter 11 bankruptcy. The matter is remanded with instructions to dismiss a creditor’s appeal for lack of Article III standing. Reversed.
Court: 9th Circuit, Judge: Nelson, Filed On: September 14, 2023, Case #: 21-55967, Categories: Bankruptcy
J. Rawlinson finds that the district court properly denied a claimant's application for disability insurance benefits under the Social Security Act. The Administrative Law Judge gave specific and convincing reasons for rejecting claimant’s testimony about the severity of his symptoms. Affirmed.
Court: 9th Circuit, Judge: Rawlinson, Filed On: September 14, 2023, Case #: 22-35581, Categories: Social Security
J. Callahan finds that the district court improperly denied a motion for a preliminary injunction in an action brought by the Fellowship of Christian Athletes (FCA) against the San Jose Unified School District for violation of FCA’s First Amendment rights to free exercise of religion and free speech, and directed the district court to enter an order reinstating FCA’s recognition as an official Associated Student Body approved student club. FCA requires its student leaders to affirm a Statement of Faith, which includes the belief that sexual relations should be within the confines of a marriage between a man and a woman. The San Jose Unified School District revoked FCA’s status as an official student club because of "non-discrimination policies." The FCA had organizational standing and its claims were not moot because the District’s actions frustrated the FCA’s mission. Reversed.
Court: 9th Circuit, Judge: Callahan, Filed On: September 13, 2023, Case #: 22-15827, Categories: Education, First Amendment
J. Ikuta affirms in part and vacates in part a sentence imposed on defendant after she alleged that her due process rights were violated when the district court failed to pronounce certain discretionary conditions of supervised release in her presence. A district court must orally pronounce all discretionary conditions of supervised release, even if those conditions were considered "standard." Defendant pleaded guilty to two counts of knowingly and intentionally importing 500 grams or more of cocaine and methamphetamine into the United States. The panel vacated only the conditions of defendant’s supervised release that were referred to as the “standard conditions” in the written sentence but were not orally pronounced. Affirmed in part.
Court: 9th Circuit, Judge: Ikuta, Filed On: September 13, 2023, Case #: 21-50129, Categories: Drug Offender, Sentencing, Due Process
J. Lee finds that the district court improperly denied various gun rights groups’ motion for a preliminary injunction seeking to enjoin a California law that prohibits the advertising of any “firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.” Because California permits minors under supervision to possess and use firearms for hunting and other lawful activities, the law facially regulates speech that concerns lawful activity and is not misleading. The law "does not directly and materially advance California’s substantial interests in reducing gun violence and the unlawful use of firearms by minors" and "there was no evidence in the record that a minor in California has ever unlawfully bought a gun, let alone because of an ad."
Court: 9th Circuit, Judge: Lee, Filed On: September 13, 2023, Case #: 22-56090, Categories: Firearms, First Amendment
J. Friedland finds that the district court properly denied an environmental group’s motion for a preliminary injunction against the Superintendent of Yosemite National Park, the National Park Service, and the Department of the Interior to stop certain parts of two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. The group sued the Agency under the National Environmental Policy Act, claiming that it was unlawful for the Agency to approve the projects without a full review of their environmental impacts. The projects fall under the categorical exclusion known as the “minor-change exclusion.” Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: September 12, 2023, Case #: 22-16483, Categories: Environment
J. Bress finds that the district court improperly dismissed a trademark declaratory judgment action brought by a plant-based meat substitute manufacturer against a competitor. Both companies use a similar all caps version of the word “IMPOSSIBLE” to market their products. The lower court had jurisdiction over a one-person company run by a self-described “digital nomad" because it previously operated out of California and built its brand and trademarks there. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: September 12, 2023, Case #: 21-16977, Categories: Trademark, Jurisdiction
J. Collins finds that the district court properly granted summary judgment to a number of Indian communities in a long-running case regarding Indian fishing rights in certain waters of Washington state. The dispute involved fishing places in which the Lummi Nation have fishing rights under a 1974 decree over the waters east of Whidbey Island in Puget Sound. The district court correctly held that the Indian communities, the Swinomish, Tulalip, and Upper Skagit carried their burden to warrant a ruling under the decree that the Lummi’s usual and accustomed fishing grounds and stations did not extend to the disputed waters at issue. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 11, 2023, Case #: 21-35812, Categories: Native Americans, Water
J. Murguia denies an immigrant's petition for review of an immigration judge’s decision upholding an asylum officer’s negative reasonable fear determination following the reinstatement of a prior order of removal. The matter involves a Mexican immigrant who reentered the United States without inspection in 2003. The determination was reasonable and the immigrant's petition was denied on the merits.
Court: 9th Circuit, Judge: Murguia, Filed On: September 8, 2023, Case #: 15-72821, Categories: Immigration
J. Nguyen finds that the district court properly dismissed five actions filed by a company against Aetna Health of California, seeking to recover the difference in cost between the company's posted cash price for Covid-19 testing and the amount of reimbursement it received under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). There is not an implied private right of action for providers to sue insurers under the CARES Act. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: September 7, 2023, Case #: 22-16034, Categories: Covid-19
J. Smith finds that the district court properly dismissed an Administrative Procedure Act action brought by an aeronautical company and an aerospace company against the U.S. Air Force and U.S. Air National Guard alleging the improper use of the company's intellectual property concerning data relating to the Mobile Airborne Firefighting System (MAFFS). The matter was properly dismissed by the lower court for lack of subject-matter jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: September 7, 2023, Case #: 21-56377, Categories: Property, Jurisdiction, Military
J. VanDyke finds that the district court improperly denied two individuals' motion for a preliminary injunction seeking to enjoin enforcement of California Penal Code sections that impose criminal penalties for the unlicensed open carry of a handgun. The district court did not apply the correct legal standard to deny the motion for a preliminary injunction. Reversed.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 7, 2023, Case #: 23-15016, Categories: Constitution, Firearms
Per curiam, the Ninth Circuit certifies a question to the Alaska Supreme Court asking if a total pollution exclusion in a homeowners’ insurance policy excludes coverage of claims arising from carbon monoxide exposure.
Court: 9th Circuit, Judge: Per curiam, Filed On: September 6, 2023, Case #: 22-35484, Categories: Insurance
J. Lee finds that the district court improperly denied corrections officers' motion to dismiss an action alleging that the officers did not protect an inmate from other detainees at a jail. The officers moved to dismiss the complaint, contending that the individual did not state a viable claim. Reversed.
Court: 9th Circuit, Judge: Lee, Filed On: September 6, 2023, Case #: 21-55981, Categories: Civil Rights
J. Miller grants in part and denies in part a petition for review brought by the Solar Energy Industries Association (SEIA) and several environmental organizations challenging orders adopted by the Federal Energy Regulatory Commission (FERC) that alter which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. FERC violated the National Environmental Policy Act by failing to prepare an environmental assessment before issuing the order. Although FERC's failure to prepare an assessment was a serious violation of the order, that order "does not suffer from fundamental flaws making it unlikely that FERC could adopt the same rule on remand."
Court: 9th Circuit, Judge: Miller, Filed On: September 5, 2023, Case #: 20-72788, Categories: Environment