9 results for 'judge:"Bea"'.
J. Bea finds that the district court properly entered judgment and awarded attorney fees in favor of a judgment creditor, confirming and enforcing the creditor's arbitration award against a debtor. The matter stems from a bankruptcy matter following a sales agreement and a distribution agreement. The terms of the sales agreement obligated the debtor to act as the creditor's sales representative and distributor. The debtor purchased the creditor's products and sold them at a markup to a different schedule of customers. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: September 16, 2024, Case #: 22-15109, Categories: Arbitration, Bankruptcy, Contract
J. Bea finds that the district court improperly entered summary judgment in favor of companies which post immigration surety bonds in an action challenging the Department of Homeland Security (DHS) for a rule on the ground that the Acting Secretary of DHS who promulgated the rule was not duly appointed. The rule permits DHS to refuse business from certain surety firms. The companies claimed that Secretary Chad Wolf promulgated the rule but was not duly appointed under the applicable law and therefore lacked authority to promulgate the rule. The Secretary of Homeland Security Alejandro Mayorkas, who was duly appointed, ratified the rule in 2021. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: July 18, 2024, Case #: 22-16552, Categories: Immigration
J. Bea finds that the district court improperly granted a motion of the U.S. Customs and Border Protection to dismiss for lack of subject matter jurisdiction in a matter in which an immigrant's individual memberships in the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) program was revoked after his estranged ex-wife was arrested for crossing the border with methamphetamine. On remand the lower court must hear the immigrant's Administrative Procedure Act claims. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: May 22, 2024, Case #: 22-56015, Categories: Administrative Law, Immigration
J. Bea finds that the district court improperly entered conviction against an individual for violation of a United States Code concerning possession of a firearm if the individual has been convicted of an offense punishable by imprisonment for a term exceeding one year. The lower court's findings violated the Second Amendment as applied to the individual because he is a non-violent offender who has served his time in prison and reentered society. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: May 9, 2024, Case #: 22-50048, Categories: Constitution, Firearms
J. Bea finds that the district court properly vacated the attachment of a vessel in an admiralty action seeking fulfillment of arbitration awards. The arbitration awards, arising from a contract dispute, were owed to shipping companies by a different corporate entity. The shipping companies sought to “pierce the corporate veil” of the gas company and hold a corporation liable for the arbitration awards on a theory that the corporation was the alter ego of the gas company. The district court did not err in concluding that the shipping company failed to show a reasonable probability of success on their veil-piercing theory. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: March 25, 2024, Case #: 23-15245, Categories: Admiralty, Corporations
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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
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. Bea finds that the district court properly entered judgment in favor of the Thyssen-Bornemisza Collection, an instrumentality of the Kingdom of Spain, in an action seeking the return of a Pissarro painting stolen by the Nazis in 1939 Germany. The Thyssen-Bornemisza Collection gained prescriptive title to the painting under Article 1955 of the Spanish Civil Code. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: January 9, 2024, Case #: 19-55616, Categories: Property
J. Bea finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional plea to possessing a firearm as a felon. An informant and undercover officers conducted a controlled purchase of a firearm from defendant in a hotel room. Defendant claimed that the officers’ secret recording of the encounter "exceeded the scope of the 'implied license' he granted when he consented to the officers’ physical entry." No search violation had occurred. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: December 12, 2023, Case #: 22-50170, Categories: Firearms, Search