2018 Ninth Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 3973
Date: September 18, 2018
Docket Number: 15-15791
Justia Opinion Summary: The en banc court reversed the district courts' dismissals of actions concerning tip credits toward servers' and bartenders' wages under the Fair Labor Standards Act (FLSA). Plaintiffs alleged that their employers abused…
Date: September 18, 2018
Docket Number: 16-17347
Justia Opinion Summary: A defendant who travels to Nevada and commits an intentional tort there can be sued in that state, absent circumstances that would make such a suit unreasonable. The Ninth Circuit reversed the district court's dismissal…
Date: September 18, 2018
Docket Number: 16-50439
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of defendants' motion to suppress incriminating statements intercepted by government wiretaps. The panel held that the affidavits submitted by the FBI in support of…
Date: September 18, 2018
Docket Number: 17-30061
Justia Opinion Summary: The Ninth Circuit certified the following questions to the Oregon Supreme Court: 1. Is Oregon first-degree robbery, Or. Rev. Stat. 164.415, divisible? 2. Is Oregon second-degree robbery, id. 164.405, divisible? 3. Put…
Date: September 17, 2018
Docket Number: 16-16494
Justia Opinion Summary: Under the ADA Amendments Act (ADAAA), the scope of the ADA's "regarded-as" definition of disability was expanded. The plaintiff must show, under the ADAAA, that he has been subjected to a prohibited action because of an…
Date: September 17, 2018
Docket Number: 16-35205
Justia Opinion Summary: The Ninth Circuit certified the following question to the Washington Supreme Court: Under what circumstances, if any, does obesity qualify as an "impairment" under the Washington Law against Discrimination, Wash. Rev.…
Date: September 14, 2018
Docket Numbers: 15-71666, 15-72671
Justia Opinion Summary: The Ninth Circuit denied a petition for review of an IJ's decision affirming an asylum officer's negative reasonable fear determination in reinstatement removal proceedings. Petitioner asserted that he was deprived his…
Date: September 14, 2018
Docket Number: 16-15303
Justia Opinion Summary: The Securities Litigation Uniform Standards Act (SLUSA) barred a plaintiff class from bringing a covered class action based on state law claims alleging that the defendants made a misrepresentation or omission or…
Date: September 14, 2018
Docket Number: 16-35742
Justia Opinion Summary: The Ninth Circuit affirmed the district court's judgment for plaintiffs in an action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This case involved Teck Metals' liability for…
Date: September 14, 2018
Docket Number: 16-35753
Justia Opinion Summary: The Ninth Circuit affirmed the district court's decision affirming the bankruptcy court's summary judgment denying discharge of two individual Chapter 11 debtors' debt arising from a state-court judgment for fraud and…
Date: September 13, 2018
Docket Numbers: 10-50219, 10-50264
Justia Opinion Summary: The Ninth Circuit affirmed defendant's conviction for conspiracy to manufacture, possess, and distribute marijuana, as well as other charges related to his ownership of a marijuana dispensary in California. The panel…
Date: September 13, 2018
Docket Numbers: 15-56990, 16-55002
Justia Opinion Summary: The Ninth Circuit affirmed the district court's decertification of two related collective actions brought under the Fair Labor Standards Act (FLSA) by LAPD officers, alleging a pervasive, unwritten policy discouraging…
Date: September 13, 2018
Docket Number: 16-17130
Justia Opinion Summary: The Ninth Circuit affirmed the district court's preliminary injunction preventing implementation of California Senate Bill 84, which requires railroads to collect fees from customers shipping certain hazardous materials…
Date: September 13, 2018
Docket Number: 16-35738
Justia Opinion Summary: Excessive force under the Eighth Amendment does not require proof that an officer enjoyed or otherwise derived pleasure from his or her use of force. In this case, plaintiff filed suit under 42 U.S.C. 1983, alleging…
Date: September 13, 2018
Docket Number: 17-30011
Justia Opinion Summary: Washington's accomplice liability statute renders its drug trafficking law broader than generic federal drug trafficking laws under the Armed Career Criminal Act, and thus Washington's drug trafficking law is not…
Date: September 13, 2018
Docket Number: 17-35659
Date: September 12, 2018
Docket Number: 16-35262
Justia Opinion Summary: Oregon's restrictions on the use of motorized mining equipment in rivers and streams containing essential salmon habitat, adopted into law as Senate Bill 3, were not preempted by federal law. The Ninth Circuit affirmed…
Date: September 12, 2018
Docket Number: 17-55023
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence. In this case, defendant's sentence was imposed in 2000 under the then-mandatory…
Date: September 12, 2018
Docket Number: 18-15845
Justia Opinion Summary: The DNC and others filed suit against the state of Arizona, challenging two state election practices: (1) Arizona's longstanding requirement that in-person voters cast their ballots in their assigned precinct, which…
Date: September 11, 2018
Docket Number: 15-16433
Justia Opinion Summary: The Ninth Circuit reversed the district court's denial of a habeas corpus petition challenging petitioner's California conviction for second degree murder. The panel held that the state court unreasonably applied Miranda…
Date: September 11, 2018
Docket Numbers: 16-55727, 16-55786, 16-56855, 16-56902
Justia Opinion Summary: California Attorney General's Form 990 Schedule B requirement, which obligates charities to submit the very information they already file each year with the IRS, survived exacting scrutiny as applied to plaintiffs…
Date: September 11, 2018
Docket Number: 17-35686
Date: September 10, 2018
Docket Number: 16-16089
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of qualified immunity to an IRS agent who violated plaintiff's Fourth Amendment right to bodily privacy when, during the lawful execution of a search warrant at…
Date: September 10, 2018
Docket Number: 16-55518
Justia Opinion Summary: The summary arrest, handcuffing, and police transport to the station of middle school girls was a disproportionate response to the school's need, which was dissipation of what the school officials characterized as an…
Date: September 10, 2018
Docket Number: 16-55996
Justia Opinion Summary: The Ninth Circuit reversed the district court's grant of summary judgment for Paramount in an action under section 301 of the Labor Management Relations Act. AFM filed suit alleging breach of Article 3 of the Basic…
Date: September 10, 2018
Docket Number: 17-55133
Justia Opinion Summary: The Federal Aviation Administration Authorization Act of 1994 does not preempt the California Labor Commissioner's use of a common law test, the Borello standard, to determine whether a motor carrier has properly…
Date: September 7, 2018
Docket Number: 15-35834
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of a complaint challenging Oregon's Clean Fuels Program, alleging that it violated the Commerce Clause and was preempted by section 211(c) of the Clean Air Act…
Date: September 7, 2018
Docket Number: 15-50366
Justia Opinion Summary: In light of Sessions v. Dimaya, 138 S. Ct. 1204 (2018), and recent case law from this Circuit, California robbery is no longer a "crime of violence" under 18 U.S.C. 16(a) or 16(b). The Ninth Circuit vacated the district…
Date: September 7, 2018
Docket Number: 16-55090
Justia Opinion Summary: A defendant that timely asserts that the district court lacks personal jurisdiction and litigates the issue to an adverse decision from the district court does not waive the personal jurisdiction defense by vigorously…
Date: September 7, 2018
Docket Number: 17-35853
Justia Opinion Summary: In the circumstances of this case, the Ninth Circuit held that federal courts should not abstain from exercising jurisdiction over a constitutional challenge to a state criminal statute while there are ongoing state…
Date: September 6, 2018
Docket Number: 15-15143
Justia Opinion Summary: State-law claims brought against the NFL by former professional football players were not preempted by section 301 of the Labor Management Relations Act (LMRA). In this case, a putative class of retired NFL players…
Date: September 6, 2018
Docket Number: 16-15338
Justia Opinion Summary: The Ninth Circuit reversed the denial of a 28 U.S.C. 2254 petition for habeas relief challenging petitioner's conviction for domestic violence, assault, and vandalism. The panel held that it was error for the state trial…
Date: September 6, 2018
Docket Number: 16-71380
Justia Opinion Summary: FERC acted arbitrarily and capriciously in denying a complaint brought by the Turlock and Modesto Irrigation Districts alleging that PG&E breached agreements between the parties. The Ninth Circuit granted the petition…
Date: September 6, 2018
Docket Number: 17-55165
Justia Opinion Summary: The Ninth Circuit certified a question of state law to the Supreme Court of California: Whether work installing electrical equipment on locomotives and rail cars (i.e., the "onboard work" for Metrolink's PTC project)…
Date: September 6, 2018
Docket Number: 18-55911
Justia Opinion Summary: GAC appealed the district court's remand of plaintiff's putative class action to Los Angeles Superior Court. The Ninth Circuit held that the district court erroneously found that more than two-thirds of the putative…
Date: September 5, 2018
Docket Number: 13-56061
Justia Opinion Summary: A class of retired employees filed suit alleging that two reforms adopted by the County of Orange violated their vested rights when it restructured its health benefits program, in violation of the County's contractual…
Date: September 5, 2018
Docket Number: 16-35431
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of a 42 U.S.C. 1983 action based on lack of subject matter jurisdiction. Plaintiff filed suit against Oregon state officials, challenging the rejection by Oregon…
Date: September 5, 2018
Docket Number: 17-35355
Justia Opinion Summary: Plaintiff filed a 42 U.S.C. 1983 action against the City and its employees, alleging that she was retaliated against in her employment as a Community Service Officer for the police department. The Ninth Circuit held that…
Date: September 4, 2018
Docket Number: 15-35845
Justia Opinion Summary: Plaintiffs, who are homeless or have recently been homeless, filed suit against the City seeking retrospective relief for their previous citations under the Camping Ordinance and Disorderly Conduct Ordinance. The panel…
Date: September 4, 2018
Docket Number: 16-15588
Justia Opinion Summary: Nevada Senate Bill 223, which limits damages that can be collected from general contractors and imposed notification requirements on contractors and welfare benefit plans, was a legitimate exercise of Nevada's…
Date: September 4, 2018
Docket Number: 16-35684
Justia Opinion Summary: Providers filed a class action in state court alleging that GHC violated the Washington Consumer Protection Act by using the Milliman Care Guidelines for mental healthcare coverage. After GHC removed to federal court,…
Date: September 4, 2018
Docket Number: 16-50326
Justia Opinion Summary: The Ninth Circuit reversed defendant's conviction for possession of unauthorized access devices and aggravated identity theft, holding that the district court erred by failing to excuse a juror for cause under an actual…
Date: September 4, 2018
Docket Number: 17-30084
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of defendant's motion to suppress a handgun found in his backpack. The panel held that the district court properly concluded that the handgun inevitably would have…
Date: August 31, 2018
Docket Number: 15-16111
Justia Opinion Summary: Sixth Amendment Confrontation Clause rights protected in Bruton v. United States, 391 U.S. 123 (1968), do not extend to statements that are nontestimonial. Petitioner appealed the denial of his 28 U.S.C. 2254 petition…
Date: August 31, 2018
Docket Number: 16-50490
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of defendant's motion to suppress narcotics that border patrol agents found in defendant's vehicle. The panel held that, given the totality of the circumstances, the…
Date: August 31, 2018
Docket Number: 17-15767
Justia Opinion Summary: The Ninth Circuit vacated the district court's grant of summary judgment for defendant and denial of plaintiff's motion to remand in an action alleging violation of a City of San Jose minimum wage ordinance. The district…
Date: August 30, 2018
Docket Number: 15-73603
Justia Opinion Summary: The Ninth Circuit granted a petition for review of the BIA's decision affirming the IJ's order of removal. The panel held that petitioner was not removable under 8 U.S.C. 1182(a)(6)(C)(ii)(I), as an alien who made a…
Date: August 30, 2018
Docket Number: 16-35991
Justia Opinion Summary: Sovereign immunity does not preclude an award of emotional distress damages against the United States for willful violation of an automatic stay. The Ninth Circuit reversed the district court's judgment reversing the…
Date: August 30, 2018
Docket Number: 16-71933
Justia Opinion Summary: The Ninth Circuit denied a petition for review challenging the EPA's approval of a 1994 revision to Montana's State Implementation Plan. The panel held that the EPA's interpretation of "a 2-year period which precedes the…
Date: August 30, 2018
Docket Number: 17-35668
Date: August 29, 2018
Docket Number: 13-73967
Justia Opinion Summary: The Ninth Circuit granted a petition for review of the BIA's order denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner sought relief after he and his family were…
Date: August 29, 2018
Docket Number: 15-70814
Justia Opinion Summary: Where a state statute contains two layers of disjunctive lists, the analysis outlined in Taylor v. United States, 495 U.S. 575 (1990), for applying the categorical approach, applies to both layers of the statute and must…
Date: August 29, 2018
Docket Number: 16-35457
Justia Opinion Summary: The Ninth Circuit affirmed the district court's judgment imposing liability on BNSF under the Americans with Disabilities Act. The panel held that plaintiff had a disability because BNSF perceived him to have a back…
Date: August 29, 2018
Docket Number: 16-56107
Justia Opinion Summary: G&G appealed the district court's order granting summary judgment to defendant, a citizen of Italy, in G&G's suit asserting various state law claims. G&G alleged that Rustic stole a large, valuable oil painting from her…
Date: August 28, 2018
Docket Number: 16-50096
Justia Opinion Summary: California's receipt of stolen property offense is a categorical match for the generic federal crime of receipt of stolen property. The Ninth Circuit affirmed defendant's conviction for attempting to reenter the United…
Date: August 28, 2018
Docket Number: 17-16810
Date: August 27, 2018
Docket Number: 17-15316
Justia Opinion Summary: The Ninth Circuit affirmed the district court's decision affirming the bankruptcy court's dismissal of a Chapter 11 petition filed by the former board members of Sino. The panel held that the bankruptcy court properly…
Date: August 27, 2018
Docket Number: 17-35041
Justia Opinion Summary: A bare allegation that a defendant is the registered subscriber of an Internet Protocol address associated with infringing activity is not sufficient to state a claim for direct or contributory infringement. The Ninth…
Date: August 24, 2018
Docket Number: 13-73022
Justia Opinion Summary: The Ninth Circuit granted a petition for review of the BIA's decision finding petitioner ineligible for cancellation of removal and voluntary departure. The panel held that petitioner's convictions for indecent exposure…
Date: August 24, 2018
Docket Number: 17-15111
Justia Opinion Summary: The Ninth Circuit affirmed the district court's order denying the school's motion for summary judgment in a qui tam action brought by relators under the False Claims Act (FCA). Relators alleged that the school violated…
Date: August 23, 2018
Docket Number: 16-10124
Justia Opinion Summary: Under Amendment 798 to the Sentencing Guidelines, California robbery is not a "crime of violence." The Ninth Circuit vacated defendant's sentence for being a felon in possession of a firearm. In this case, defendant was…
Date: August 23, 2018
Docket Number: 17-70251
Justia Opinion Summary: The Ninth Circuit granted a petition for review of the BIA's decision finding petitioner ineligible for cancellation of removal. Under the plain text of the stop-time rule, the panel held that petitioner was not rendered…
Date: August 22, 2018
Docket Number: 15-10285
Justia Opinion Summary: A conviction for assault with a deadly weapon or instrument other than a firearm or by means of force likely to produce great bodily injury under California Penal Code 245(a)(1), as it was written prior to its amendment…
Date: August 22, 2018
Docket Number: 15-72747
Justia Opinion Summary: The Ninth Circuit denied a petition for review of the BIA's decision affirming the IJ's order of deportation after petitioner was convicted of possession for sale of cocaine salt. The panel held that petitioner was…
Date: August 22, 2018
Docket Number: 16-35277
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of plaintiff's action based on a forum-selection clause in share purchase agreements that required disputes related to the parties' agreement be adjudicated in…
Date: August 22, 2018
Docket Number: 17-17348
Date: August 22, 2018
Docket Number: 17-35572
Date: August 22, 2018
Docket Number: 17-72370
Justia Opinion Summary: Where such delivery of summonses to attorneys of companies provides actual notice to a foreign organization, it satisfies Federal Rule of Criminal Procedure 4(c)(3)(D). The Ninth Circuit denied a petition for a writ of…
Date: August 21, 2018
Docket Number: 15-71772
Justia Opinion Summary: The Ninth Circuit denied a petition for review of the Department's decision ordering the Tribe to provide relief to a member that was removed from the Tribe's governing body in retaliation for his whistleblowing. The…
Date: August 21, 2018
Docket Number: 16-10410
Justia Opinion Summary: The Ninth Circuit affirmed defendant's conviction and sentence for conspiracy to commit mail fraud. The panel held that the district court's references to Eastern District of California local codes sufficiently explained…
Date: August 21, 2018
Docket Number: 16-56789
Justia Opinion Summary: Federal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. 2255. In this case, after petitioner pleaded guilty to fraud-related…
Date: August 21, 2018
Docket Number: 17-30055
Justia Opinion Summary: A person who is prohibited from entering a residence by a court's no-contact order lacks a legitimate expectation of privacy in that residence and may not challenge its search on Fourth Amendment grounds. The Ninth…
Date: August 20, 2018
Docket Number: 15-16342
Justia Opinion Summary: The Ninth Circuit amended the certification order in an appeal challenging Nevada state water law. The panel certified the following questions to the Supreme Court of Nevada: Does the public trust doctrine apply to…
Date: August 20, 2018
Docket Number: 16-55917
Justia Opinion Summary: The Ninth Circuit reversed the district court's grant of summary judgment to CBS in an action alleging violation of state law copyrights owned by ABS in sound recordings originally fixed before 1972. The panel held that…
Date: August 20, 2018
Docket Number: 16-56190
Justia Opinion Summary: The Fair Debt Collection Practices Act provides for class statutory damages not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector. The statute is silent as to which party bears the…
Date: August 17, 2018
Docket Number: 16-10507
Justia Opinion Summary: Battery committed with the use of a deadly weapon under Nevada Revised Statute 200.481(2)(e)(1) is a crime of violence as defined in 18 U.S.C. 16(a). The Ninth Circuit affirmed defendant's conviction for illegal reentry…
Date: August 17, 2018
Docket Number: 16-35866
Justia Opinion Summary: CBD filed suit challenging the FWS's decision not to list the arctic grayling as an endangered or threatened species under the Endangered Species Act (ESA). The Ninth Circuit reversed in part the district court's grant…
Date: August 17, 2018
Docket Number: 17-15662
Justia Opinion Summary: The Ninth Circuit denied a petition for review insofar as it raised due process claims related to the district court's rejection of petitioner's United States citizenship claim. First determining that petitioner had…
Date: August 17, 2018
Docket Number: 17-55116
Justia Opinion Summary: The Ninth Circuit reversed the district court's grant of summary judgment to defendant based on qualified immunity grounds in a 42 U.S.C. 1983 action alleging that defendant failed to disclose evidence that would have…
Date: August 16, 2018
Docket Number: 16-35052
Justia Opinion Summary: Washington public school teachers filed a class action to order the Director of DRS to return interest that was allegedly skimmed from their state-managed retirement accounts. The Ninth Circuit reversed the district…
Date: August 16, 2018
Docket Number: 16-36086
Justia Opinion Summary: The Federal Courts Improvement Act of 1996 (FCIA) does not limit injunctive relief against an executive branch officer enforcing a court order, and the Sheriff in this case was not entitled to immunity from plaintiffs'…
Date: August 16, 2018
Docket Number: 16-56826
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of a wage-and-hour action brought under the Fair Labor Standards Act (FLSA) based on res judicata grounds. In this case, plaintiff conceded that she was subject…
Date: August 15, 2018
Docket Number: 15-56007
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of a petition for habeas relief challenging a sentencing enhancement for a prior nonjury juvenile conviction and for a gang-related crime. Petitioner argued that the…
Date: August 15, 2018
Docket Number: 16-55380
Justia Opinion Summary: The Director General of a Mexican government-owned corporation, Exportadora de Sal (ESSA), entered into a long-term, multimillion dollar contract with another Mexican corporation, Packsys, to sell the briny residue from…
Date: August 15, 2018
Docket Number: 16-56350
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of an antitrust case based on the act of state doctrine. Plaintiffs alleged an antitrust conspiracy between a Mexican salt production corporation 51 percent owned…
Date: August 15, 2018
Docket Number: 16-56909
Date: August 15, 2018
Docket Number: 17-15629
Justia Opinion Summary: Section 511(a) of the Veterans' Judicial Review Act barred the Community's action against the VA for failing to reimburse the Community for the care it provided to veterans at tribal facilities. In this case, the…
Date: August 14, 2018
Docket Number: 15-35408
Justia Opinion Summary: The Ninth Circuit reversed the district court's order declining to extend a Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), remedy to an immigrant pursuing lawful permanent resident…
Date: August 14, 2018
Docket Number: 16-35314
Justia Opinion Summary: The Ninth Circuit certified the following question of state law to the Supreme Court of Washington: Is party A (here the Port of Bellingham) liable as a premises owner for an injury that occurs on part of a leased…
Date: August 14, 2018
Docket Number: 16-55719
Justia Opinion Summary: Plaintiffs filed suit for violation of their First Amendment rights, seeking injunctive and declaratory relief, after they took photographs of activities at U.S. ports of entry on the United States–Mexico border, they…
Date: August 14, 2018
Docket Number: 17-10257
Justia Opinion Summary: In this appeal, the parties disputed the maximum term of official detention that can be imposed upon revocation of juvenile delinquent supervision when the juvenile is more than 21 years old at the time of the revocation…
Date: August 13, 2018
Docket Number: 14-36055
Justia Opinion Summary: The Ninth Circuit affirmed the district court's judgment for the United States in an action seeking to collect delinquent federal excise taxes and penalties for the manufacture of tobacco products under 26 U.S.C. 5701.…
Date: August 13, 2018
Docket Number: 16-35750
Date: August 13, 2018
Docket Number: 16-35829
Justia Opinion Summary: The alliance filed suit alleging that the Forest Service violated the National Forest Resource Management Plan after approving the Lost Creek Project, which proposed landscape restoration activities on approximately…
Date: August 13, 2018
Docket Number: 16-56069
Justia Opinion Summary: Under Federal Rule of Evidence 201, a court may take judicial notice of matters of public record without converting a motion to dismiss into a motion for summary judgment, but a court cannot take judicial notice of…
Date: August 10, 2018
Docket Number: 13-74213
Justia Opinion Summary: The Ninth Circuit granted a petition for review of the BIA's decision finding petitioner ineligible for cancellation of removal. The panel held that the BIA's determination that witness tampering under Oregon Revised…
Date: August 10, 2018
Docket Numbers: 16-15942, 16-15974
Justia Opinion Summary: In an action under maritime law, a boat owner filed suit against his friend, who was driving the boat when it crashed into a passenger ferry. After the friend died from his injuries, his wife filed suit against the owner…
Date: August 9, 2018
Docket Number: 16-56706
Justia Opinion Summary: The Ninth Circuit reversed the district court's dismissal based on lack of jurisdiction of plaintiff's complaint under the Federal Tort Claims Act (FTCA). Plaintiff sought damages suffered as a result of his removal from…
Date: August 9, 2018
Docket Number: 17-35693
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of an action brought by for-hire drivers challenging a Seattle ordinance that establishes a multistep collective bargaining process between "driver-coordinators,"…
Date: August 9, 2018
Docket Number: 17-71636
Justia Opinion Summary: The Ninth Circuit granted a petition for review of the EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos. In this case, the EPA did not defend the order on the merits but argued that despite…
Date: August 8, 2018
Docket Number: 15-70588
Justia Opinion Summary: The Ninth Circuit dismissed, based on lack of jurisdiction, a petition for review of the BIA's denial of petitioner's motion to terminate asylum-only proceedings and denial of his application for asylum. Petitioner…
Date: August 8, 2018
Docket Number: 16-35912
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of an action brought by consumers and purchasers of beer under section 7 of the Clayton Act, seeking to enjoin Anheuser-Busch from acquiring SAB. The DOJ…
Date: August 8, 2018
Docket Number: 16-50227
Justia Opinion Summary: The Ninth Circuit vacated the district court's denial of defendant's motion to suppress in a case where he was convicted of four counts of making false statements on immigration documents. Defendant sought to suppress…
Date: August 8, 2018
Docket Number: 16-73486
Justia Opinion Summary: The Ninth Circuit held that the BIA erred in finding that petitioner's conviction for child abuse and neglect under Nevada law was categorically a "crime of child abuse" under 8 U.S.C. 1227(a)(2)(E)(i). The panel held…
Date: August 8, 2018
Docket Number: 18-55746
Justia Opinion Summary: If a plaintiff would be entitled under a contract or statute to future attorneys' fees, such fees are at stake in the litigation and should be included in the amount in controversy. The Ninth Circuit reversed the…
Date: August 7, 2018
Docket Number: 15-16410
Justia Opinion Summary: The Ninth Circuit affirmed the district court's denial of qualified immunity to a border patrol agent who, while standing on American soil, shot and killed a teenage Mexican citizen, J.A., who was innocently walking down…
Date: August 7, 2018
Docket Number: 16-35488
Justia Opinion Summary: The Ninth Circuit affirmed the district court's dismissal of an action alleging that USATF and the Olympics Committee engaged in an anticompetitive conspiracy in violation of antitrust law when it imposed advertising…
Date: August 6, 2018
Docket Number: 16-17099
Justia Opinion Summary: The Ninth Circuit reversed the district court's grant of summary judgment for CES in a class action alleging that natural gas companies colluded to fix retail natural gas prices in Wisconsin. CES, a wholly owned…
Date: August 6, 2018
Docket Number: 17-10161
Justia Opinion Summary: The Ninth Circuit affirmed defendant's conviction in violation of 36 C.F.R. 34.5(b)(21), for being dangerously under the influence of alcohol while he was in the El Portal Administrative Site adjacent to Yosemite…
Date: August 6, 2018
Docket Number: 17-70170
Justia Opinion Summary: The Ninth Circuit granted petitioner's motion to file a second or successive 28 U.S.C. 2254 habeas corpus petition, challenging California's second-degree felony murder rule as unconstitutionally vague under Johnson v.…
Date: August 3, 2018
Docket Number: 15-15449
Justia Opinion Summary: The Ninth Circuit affirmed the district court's grant of summary judgment for the state in an action challenging three provisions of California's Unsafe Handgun Act (UHA). The UHA requires that new models of handguns…
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