2013 Ninth Circuit US Court of Appeals Case Law

Justia Opinion Summary: HFI filed suit against the Bank alleging trademark infringement and related claims, contending that the Bank's use of its "Hana Bank" mark infringed HFI's "Hana Financial" mark because its use of the word "Hana" in…

Justia Opinion Summary: Defendant plead guilty to charges under 21 U.S.C. 841. On appeal, defendant challenged the district court's denial of is motion to suppress the fruits of a home search. The court concluded that it was not objectively…

Justia Opinion Summary: Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision finding him ineligible for removal because his conviction for racketeering under Arizona law constituted an aggravated felony under…

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to dismiss an indictment against him for violation of 18 U.S.C. 922(g)(9), which prohibits persons convicted of domestic violence misdemeanors from possessing…

Justia Opinion Summary: Petitioner, the mother of twin girls, filed an application under the Hague Convention on International Aspects of Child Abduction, 19 I.L.M. 1501, after the girls' father, a resident of the United States, did not return…

Justia Opinion Summary: Defendant appealed his convictions for unlawfully dealing in firearms, and making false statements to customs officials to gain entry into the United States. The court concluded that defendant was not entitled to his…

Justia Opinion Summary: Plaintiffs, farmworkers who are Mexican citizens, filed suit against Peri & Sons, a Nevada corporation that produces, harvests, and packages onions. Plaintiffs alleged that the corporation violated the Fair Labor…

Justia Opinion Summary: Petitioner appealed the denial of his 28 U.S.C. 2254 petition based on ineffective assistance of counsel. Petitioner was convicted of contributing to the delinquency of a minor, child molestation, and sexual abuse. After…

Justia Opinion Summary: Defendant, a livestock buyer and cattle rancher, was convicted of false statements to a bank, bank fraud, wire fraud, money laundering, bankruptcy scheme to defraud, and aggravated identity theft. Defendant's convictions…

Justia Opinion Summary: This case involved EPA's conditional registration of two pesticides, AGS-20 and AGS-20 U, that HeiQ Materials sought to apply to manufactured textiles. NRDC petitioned the court to vacate EPA's decision to conditionally…

Justia Opinion Summary: Petitioners, a married couple from Pakistan, sought review of the BIA's dismissal of their appeal from a final order of removal under section 237(a)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C.…

Justia Opinion Summary: This appeal stemmed from Seven Arts's attempts to establish ownership of copyrights in several motion pictures: "Rules of Engagement," "An American Rhapsody," and "Who is Cletis Tout?" Seven Arts filed suit against…

Justia Opinion Summary: This appeal stemmed from an action to abate gang activity under California's general public nuisance statutes. The Orange County District Attorney's Office (OCDA), on behalf of the state, filed a public nuisance action…

Justia Opinion Summary: Plaintiff filed suit pro se under 42 U.S.C. 1983 against police officers for violations of his Fourth Amendment right in their searches and seizures and plaintiff's arrest pursuant to warrants. Defendant was arrested for…

Justia Opinion Summary: Petitioner, convicted of attempted murder, appealed from the district court's denial of his 28 U.S.C. 2254 habeas petition as untimely. The court concluded that a section 2254 petition was not statutorily tolled during…

Justia Opinion Summary: Defendant pled guilty to a single count of possession with intent to distribute methamphetamine. Defendant's appeal concerned the retroactive application of the Fair Sentencing Act, Pub. L. No. 111-220, 124 Stat. 2372,…

Justia Opinion Summary: Defendant was convicted of aiding and abetting a senseless murder in a public bus. The prosecutor neglected, however, to discharge his obligation to disclose material information that would have enabled defense counsel…

Justia Opinion Summary: Defendant pleaded guilty to aggravated sexual abuse of a child and was sentenced to 450 months' imprisonment. On appeal, defendant argued that his guilty plea and sentence must be set aside because the district court…

Justia Opinion Summary: Plaintiff, an inmate who has a history of bipolar disorder, delusions, Parkinson's disease, and hypertension, filed suit pro se against defendants, alleging that they were deliberately indifferent to his serious medical…

Justia Opinion Summary: Petitioner, convicted of two counts of first-degree murder, petitioned for federal habeas corpus relief under 28 U.S.C. 2254. The California Court of Appeal had found that the custodial confession at issue was obtained…

Justia Opinion Summary: Plaintiff filed suit against Ralphs alleging violations of the California Labor Code and California Business and Professions Code 17200 et seq. On appeal, Ralphs challenged the district court's denial of its motion to…

Justia Opinion Summary: Plaintiffs filed a putative class action suit on behalf of current and former students, alleging that Corinthian engaged in a deceptive scheme to entice the enrollment of prospective students in violation of California…

Justia Opinion Summary: APAC petitioned for review of a settlement agreement between the BPA and a large number of its customers. The settlement set terms for refunding customers who were previously over-charged, as well as setting terms for…

Justia Opinion Summary: Plant, a California corporation that sold Fiberboard-manufactured asbestos-based insulation, filed for Chapter 11 bankruptcy. At issue on appeal was whether Plant's bankruptcy plan, which allegedly left a group of…

Justia Opinion Summary: Petitioner, a native and citizen of Russia, petitioned for review of the BIA's denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded…

Justia Opinion Summary: Plaintiff filed suit alleging that officers in the Army caused his infant son's death by ordering his pregnant wife, a servicewoman on active duty, to perform physical training in contravention of her doctors'…

Justia Opinion Summary: Arizona filed suit against ASARCO on behalf of Angela Aguilar and the state. Aguilar later filed her own suit, alleging sexual harassment, retaliation, and constructive discharge. These proceedings were consolidated and…

Justia Opinion Summary: Defendant was convicted of murder-for-hire and victim tampering. On appeal, defendant argued that the district court erred by denying his pre-judgment motion for new trial without reaching the merits of his claim of…

Justia Opinion Summary: Defendants were convicted of conspiracy to possess cocaine with intent to distribute and use of a firearm in furtherance of a drug trafficking offense. As part of a reverse sting operation, an ATF undercover agent,…

Justia Opinion Summary: 137 named plaintiffs filed suit against 25 financial institutions alleging, among other things, that the institutions' deceptive mortgage lending and securitization practices decreased the value of their homes, impaired…

Justia Opinion Summary: Petitioner, a native and citizen of Mexico and lawful permanent resident, petitioned for review of the BIA's order affirming the IJ's finding that petitioner was removable under 8 U.S.C. 1227(a)(2)(A)(iii). Petitioner…

Justia Opinion Summary: Petitioner, an Arizona death row prisoner, appealed from the district court's order dismissing his motion for relief from judgment under Rule 60(b). Petitioner alleged three ineffective-assistance-of-counsel claims that…

Justia Opinion Summary: Plaintiffs filed suit under the Clean Air Act (CAA), 42 U.S.C. 7401-7671q, seeking to compel the Agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. On appeal, Intervenor…

Justia Opinion Summary: Defendant pled guilty to one count of wire fraud. On appeal, defendant challenged his sentence of 60 months in prison. The court concluded that the district court did not commit procedural error by engaging in…

Justia Opinion Summary: Petitioner, convicted of bank robbery and sentenced to life in prison, appealed the district court's dismissal of part of his petition for a writ of habeas corpus. Petitioner argued that, because he was raising a Brady…

Justia Opinion Summary: Defendants appealed their convictions for conspiring to import marijuana in violation of 21 U.S.C. 963 and importation of marijuana in violation of 21 U.S.C. 952 and 960. The court concluded that the district court's…

Justia Opinion Summary: Defendant was convicted of conspiracy to possess with intent to distribute 5 kilograms or more of cocaine (Count 1), conspiracy to affect commerce by robbery and extortion (Count 2), and possession of a firearm in…

Justia Opinion Summary: Arizona’s 2010 Senate Bill 1070 includes various immigration-related provisions, passed in response to the growing presence of unauthorized aliens in Arizona. The stated purpose of S.B. 1070 is “to make attrition through…

Justia Opinion Summary: Defendant appealed the district court's denial of his motion to dismiss the indictment charging him with illegal reentry. The court held that the stipulated removal proceeding violated defendant's right to due process…

Justia Opinion Summary: Plaintiff filed suit against defendants seeking damages for his detention and treatment at Guantanamo Bay. At issue was whether the district court had jurisdiction over the subject matter of this action, given the…

Justia Opinion Summary: Schad is scheduled to be executed in Arizona on October 9, 2013, in Arizona for a 1978 murder. The Ninth Circuit previously affirmed the district court’s denial of habeas relief. Schad also unsuccessfully sought to…

Justia Opinion Summary: Loops, designer of a flexible toothbrush made for safe use in prisons, bid on a contract with the NYC-DOC. Amercare ultimately won the contract using a similar toothbrush. Amercare filed a defamation suit against Loops…

Justia Opinion Summary: Plaintiff, the owner of a home warranty plan from First American, filed a class action complaint alleging that First American refused to make timely repairs, used substandard contractors, and wrongfully denied claims.…

Justia Opinion Summary: Plaintiffs, disabled state prisoners and parolees, filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and the Rehabilitation Act, 29 U.S.C. 701 et seq., seeking disability…

Justia Opinion Summary: Petitioner, convicted of first degree murder, appealed the district court's dismissal of his Rule 60(b) motion seeking to reopen the district court's 2006 denial of his original federal habeas petition. The court…