12 results for 'judge:"Bress"'.
J. Bress dismisses a petition for review of the Board of Immigration Appeals after it denied an immigrant's motions for remand and administrative closure. The matter was dismissed for lack of jurisdiction.
Court: 9th Circuit, Judge: Bress, Filed On: March 19, 2024, Case #: 22-970, Categories: Immigration, Jurisdiction
J. Bress denies an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of an appeal of a denial of asylum. The board did not commit legal error in finding that the immigrant's proposed social group lacked particularity and that substantial evidence supported the denial of conventions against torture relief.
Court: 9th Circuit, Judge: Bress, Filed On: March 1, 2024, Case #: 21-1244, Categories: Immigration
J. Bress finds that the district court improperly held that the decision of the California Horse Racing Board (CHRB) precluded thoroughbred racehorse owners’ action alleging First Amendment violations arising from the refusal to register the owners’ thoroughbred racehorse. The CHRB lacked the authority to decide constitutional claims. The owners’ decision not to seek review of the CHRB’s decision in state court did not cause a preclusive effect because any requirement that the owners go to state court before filing suit would be an improper exhaustion prerequisite. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: February 26, 2024, Case #: 23-55735, Categories: First Amendment
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. Bress grants in part and denies in part a petition for review of an Environmental Protection Agency (EPA) amended pesticide registration of streptomycin sulfate, which is used to fight citrus diseases. Environmental groups argued that there was insufficient evidence to support the EPA’s determination that registration of streptomycin for use on citrus would not cause “unreasonable adverse effects on the environment,” as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Substantial evidence existed to support the EPA assessment concerning risks which could lead to antibiotic resistance. However, the EPA’s assessment of the risk that the registration poses to pollinators, such as bees, was incomplete.
Court: 9th Circuit, Judge: Bress, Filed On: December 13, 2023, Case #: 21-70719, Categories: Agriculture, Environment
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J. Bress finds that the district court properly entered summary judgment for an employer in a class action in which employees who opted out of their union- and employer-sponsored health plans sued the employer and alleged that opt-out fees should be treated as part of their “regular rate” of pay for calculating overtime compensation. The opt-out fees were not part of the employees’ “regular rate” of pay. Affirmed.
Court: 9th Circuit, Judge: Bress, Filed On: November 30, 2023, Case #: 22-55663, Categories: Employment, Class Action
J. Bress finds that the district court properly dismissed a class action matter due to lack of specific personal jurisdiction over a company that offers a web-based payment processing platform to merchants. When processing payments, the company obtains the personal information of its customers. There was no relationship between the company's business contacts in California and class members' claims because these contacts did not cause class members' harm. The district court’s denial of a request for jurisdictional discovery was not an abuse of discretion. Affirmed.
Court: 9th Circuit, Judge: Bress, Filed On: November 28, 2023, Case #: 22-15815, Categories: Privacy, Jurisdiction, Class Action
J. Bress denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant claimed that because he was arrested under an administrative warrant, his un-Mirandized statements should have been excluded. The Ninth Circuit has long held that there exists a substantial distinction between a civil deportation proceeding and a criminal trial which make Miranda warnings inappropriate in the deportation context.
Court: 9th Circuit, Judge: Bress, Filed On: November 17, 2023, Case #: 21-352, Categories: Immigration, Miranda
J. Bress denies a petition for review brought by environmental groups alleging that the Bonneville Power Administration (BPA) did not comply with its duties in the Northwest Power Act concerning fish and wildlife when BPA issued a decision setting power rates in 2022-2023. BPA is a federal agency tasked with selling the power generated at various hydroelectric facilities in the Pacific Northwest. Petitioners had standing for the challenge and showed an alleged injury in fact where they are interested in the fish populations in the Columbia River Basin.
Court: 9th Circuit, Judge: Bress, Filed On: October 16, 2023, Case #: 22-70122, Categories: Energy, 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. Bress finds that the district court improperly denied qualified immunity to a police officer in an action alleging that the officer used unreasonable deadly force when he shot and killed an individual in a police incident at a 24-Hour Fitness gym to investigate an apparent trespasser who was causing a disturbance. The officer's use of deadly force did not violate clearly established law given the specific circumstances he encountered. It was undisputed that the officer and another officer repeatedly warned the individual to stand down, tried to use non-lethal force and engaged in a violent struggle in a confined space with the individual, who had gained control of a taser. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: August 30, 2023, Case #: 20-56254, Categories: Immunity, Police Misconduct
J. Bress finds that the district court improperly denied qualified immunity to police detectives in an action alleging the detectives used excessive force when they pointed a gun at an individual and forcefully extracted him from a car, without identifying themselves as law enforcement officers. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: June 16, 2023, Case #: 21-16706, Categories: Civil Rights, Immunity