2022 Ninth Circuit U.S. Court of Appeals Case Law
Opinions 501 - 1000 of 3530
Date: November 18, 2022
Docket Number: 19-16922
Date: November 18, 2022
Docket Number: 21-16034
Justia Opinion Summary: The IRS held a secured claim on the debtor’s real property arising from a tax penalty lien. The debtor claimed a $150,000 homestead exemption in the property under Arizona law. The trustee sought to avoid the tax penalty…
Date: November 18, 2022
Docket Number: 21-55224
Date: November 18, 2022
Docket Number: 21-55756
Date: November 17, 2022
Docket Number: 20-73294
Date: November 17, 2022
Docket Number: 21-10070
Justia Opinion Summary: Defendant contends that the district court impermissibly delegated to a nonjudicial officer the authority to “decide the nature or extent of” her punishment by giving her probation officer discretion to require inpatient…
Date: November 17, 2022
Docket Number: 21-16009
Justia Opinion Summary: Claimant an Arizona woman in her forties filed an application for Social Security disability insurance benefits and supplemental security income. The agency repeatedly denied the claimant’s claims. The district court…
Date: November 17, 2022
Docket Number: 21-35837
Date: November 16, 2022
Docket Number: 21-15120
Date: November 16, 2022
Docket Number: 21-35746
Justia Opinion Summary: After Plaintiff provided his phone number to an insurance company on a website, he began receiving marketing texts from eFinancial. Plaintiff sued under the TCPA, claiming that eFinancial uses a “sequential number…
Date: November 16, 2022
Docket Number: 21-35890
Justia Opinion Summary: Claimant argued that the administrative law judge (“ALJ”) erred by rejecting the uncontested opinion of a non-examining physician, that supported her claim. Under the pre-2017 regulations that apply to the claim, ALJs…
Date: November 15, 2022
Docket Number: 19-17509
Justia Opinion Summary: Petitioner was convicted of murder in 2012. Following his conviction, he filed a petition for writ of habeas corpus in state court arguing that two letters allegedly written by his codefendant, exonerated Petitioner. The…
Date: November 15, 2022
Docket Number: 22-16764
Justia Opinion Summary: Plaintiff moved under state law for an order permitting him to conduct DNA testing and fingerprint analysis on evidence found at the crime scene more than forty years ago. The superior court denied relief in an October…
Date: November 15, 2022
Docket Number: 22-55274
Date: November 15, 2022
Docket Number: 22-99012
Justia Opinion Summary: Petitioner is scheduled to be executed in Arizona on Wednesday, November 16, 2022. Petitioner filed a second-in-time habeas petition in the district court under 28 U.S.C. Section 2254, alleging a freestanding innocence…
Date: November 14, 2022
Docket Number: 21-55881
Justia Opinion Summary: Punchbowl is an online party and event planning service. AJ Press owns and operates Punchbowl News, a subscription-based online news publication that provides articles, podcasts, and videos about American politics, from…
Date: November 14, 2022
Docket Number: 21-55881
Date: November 14, 2022
Docket Number: 21-56036
Justia Opinion Summary: San Antonio Winery, Inc.’s filed a proof of service in which it stated that it had served Jiaxing Jiaxing Micarose Trade Co., Ltd., through the Director of the PTO. When Jiaxing did not appear to defend itself in the…
Date: November 14, 2022
Docket Number: 21-56282
Justia Opinion Summary: Plaintiff claimed that Defendant used excessive force while attempting an arrest on June 10, 2018, in Berdoo Canyon, which is considered BLM land. Plaintiff and her husband failed to yield to a park ranger, at which…
Date: November 14, 2022
Docket Number: 22-55098
Justia Opinion Summary: =This appeal arises from Appellee’s efforts to avoid, in bankruptcy, a judgment lien recorded in 2014 against his Carlsbad, California home. The Ninth Circuit affirmed the bankruptcy court’s judgment in favor of Appellee…
Date: November 10, 2022
Docket Number: 18-56253
Justia Opinion Summary: Unicolors, which creates designs for use on textiles and garments, alleged that a design it created in 2011 (the EH101 design) is remarkably similar to a design printed on garments that H&M began selling in 2015 (the Xue…
Date: November 10, 2022
Docket Number: 20-35721
Date: November 9, 2022
Docket Number: 21-16911
Justia Opinion Summary: Plaintiffs sell products as third-party merchants through Amazon’s “Fulfilled by Amazon” (“FBA”) program. Prior to October 2019, California required FBA merchants to collect and pay sales tax on sales to California…
Date: November 9, 2022
Docket Number: 21-35700
Justia Opinion Summary: Plaintiff, a former cargo customer service agent for Delta Airlines, claimed that the Transportation Security Agency (“TSA”) revoked his security badge without explanation and sued for violations of the Administrative…
Date: November 9, 2022
Docket Number: 21-55048
Date: November 8, 2022
Docket Number: 21-16817
Date: November 7, 2022
Docket Number: 18-99005
Justia Opinion Summary: Petitioner asserted that his trial counsel was constitutionally ineffective by failing to request a mental health expert in advance of the sentencing hearing. The Ninth Circuit held that the state court record…
Date: November 7, 2022
Docket Number: 20-17335
Date: November 4, 2022
Docket Number: 20-56245
Justia Opinion Summary: Plaintiffs sought unpaid overtime wages for the period between January 1, 2015, and February 1, 2016, during which a Department of Labor rule entitling homecare workers to overtime pay under the Fair Labor Standards Act…
Date: November 4, 2022
Docket Number: 21-16653
Date: November 3, 2022
Docket Number: 20-36052
Justia Opinion Summary: The Special Immigrant Juveniles (“SIJ”) program provides certain immigrant juveniles a pathway to lawful permanent residence status. Under 8 U.S.C. Section 1232(d)(2), applications for SIJ status “shall be adjudicated”…
Date: November 3, 2022
Docket Number: 21-16228
Date: November 3, 2022
Docket Number: 21-17076
Date: November 2, 2022
Docket Number: 21-16875
Date: November 2, 2022
Docket Number: 21-35228
Justia Opinion Summary: Plaintiff who self-identifies as “an openly transgender female,” sued the Miss United States of America pageant, alleging that the Pageant’s “natural born female” eligibility requirement violates the Oregon Public…
Date: November 1, 2022
Docket Number: 21-15889
Date: November 1, 2022
Docket Number: 21-16528
Justia Opinion Summary: Pursuant to Rule 8.548(b)(2) of the California Rules of Court, the Ninth Circuit requested that the Supreme Court of California decide the certified question presented below: Do non-convicted incarcerated individuals…
Date: November 1, 2022
Docket Number: 21-35480
Justia Opinion Summary: After the Oregon district court dismissed their initial complaint alleging claims concerning the Plan, two of the three plaintiffs in this action (Friends of the Wild Swan and Alliance for the Wild Rockies) elected not…
Date: October 31, 2022
Docket Number: 20-72138
Justia Opinion Summary: Petitioner entered the United States without authorization, and after being convicted in California state court of assault with a deadly weapon, he was removed to Mexico. He later reentered the United States and was…
Date: October 31, 2022
Docket Number: 21-10190
Justia Opinion Summary: Defendant was convicted of possession of crack cocaine and a gun in 2007. He was sentenced to 107 months of incarceration. In a violation of parole hearing, the district court sentenced Defendant to consecutive 24-month…
Date: October 28, 2022
Docket Number: 21-16495
Date: October 28, 2022
Docket Number: 21-16560
Justia Opinion Summary: City of Reno’s complaint and declaratory relief under Nevada’s Video Service Law (“VSL”) and the federal Declaratory Judgment Act, respectively. The Ninth Circuit affirmed the district court’s dismissal for failure to…
Date: October 28, 2022
Docket Number: 21-55864
Justia Opinion Summary: The Multiemployer Pension Plan Amendments Act of 1980 imposes liability on employers who withdraw—partially or completely—from multiemployer pension funds. After a complete withdrawal, GCIU-Employer Retirement Fund’s…
Date: October 27, 2022
Docket Number: 20-15698
Date: October 27, 2022
Docket Number: 20-16357
Date: October 27, 2022
Docket Number: 20-35890
Justia Opinion Summary: Bliss Sequoia Insurance and Risk Advisors held an insurance policy from Allied Property and Casualty Insurance (Allied Property) covering any liability that Bliss Sequoia might incur for “damages because of ‘bodily…
Date: October 27, 2022
Docket Number: 21-35783
Date: October 27, 2022
Docket Number: 21-55869
Date: October 27, 2022
Docket Number: 21-60027
Date: October 26, 2022
Docket Number: 21-55046
Justia Opinion Summary: Plaintiffs brought a putative class action under 42 U.S.C. Section 1983 alleging that tire chalking violated the Fourth Amendment. The Ninth Circuit affirmed the district court’s summary judgment for Defendants and held…
Date: October 25, 2022
Docket Number: 21-16814
Date: October 25, 2022
Docket Number: 21-56177
Date: October 25, 2022
Docket Number: 22-70098
Justia Opinion Summary: Defendant kidnapped Jane Doe, then age 12 years old, and drove her from California to Nevada knowing that she would engage in prostitution. The defendant entered into a written plea agreement pursuant to which, in…
Date: October 24, 2022
Docket Number: 19-16972
Date: October 24, 2022
Docket Number: 20-15498
Date: October 24, 2022
Docket Number: 20-60031
Date: October 24, 2022
Docket Number: 20-71582
Justia Opinion Summary: Petitioner entered the United States without inspection and was immediately detained by Officers from the Department of Homeland Security (“DHS”). Two days later, pursuant to 8 U.S.C. Section 1225, DHS issued an…
Date: October 24, 2022
Docket Number: 21-15635
Date: October 24, 2022
Docket Number: 21-16053
Date: October 24, 2022
Docket Number: 21-16522
Justia Opinion Summary: Plaintiffs-Appellants Cariene Cadena and similarly situated employees (Appellants) are employed by Customer Connexx LLC (Connexx) to operate a call center in Las Vegas, Nevada. Appellants’ primary responsibilities are to…
Date: October 24, 2022
Docket Number: 21-50141
Justia Opinion Summary: Defendant was convicted on terrorism-related charges for his central role in a conspiracy to travel to Afghanistan and engage in armed conflict against American soldiers. He was originally sentenced to 300 months in…
Date: October 24, 2022
Docket Number: 21-56130
Justia Opinion Summary: Plaintiff, a serial ADA litigant, moved for an award of over $34,000 in attorney’s fees and costs under 42 U.S.C. Section 12205. The district court reduced this award significantly, finding that factors such as the…
Date: October 24, 2022
Docket Number: 21-56293
Justia Opinion Summary: Users of Reddit, a social media platform, posted and circulated sexually explicit images and videos of minors online. The victims, or their parents, sued Reddit pursuant to Section 1595, the Trafficking Victims…
Date: October 24, 2022
Docket Number: 21-56318
Date: October 21, 2022
Docket Number: 20-16068
Justia Opinion Summary: Defendants used fake driver’s licenses and a false tissue procurement company as cover to infiltrate conferences that Planned Parenthood hosted or attended. Using the same strategy, defendants also arranged and attended…
Date: October 21, 2022
Docket Number: 20-71529
Justia Opinion Summary: Plaintiff a citizen of Guatemala, petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an Immigration Judge’s (“IJ”) order denying his application for relief under the…
Date: October 20, 2022
Docket Number: 21-15897
Justia Opinion Summary: While he was consulting on an environmental project for the U.S. Army Reserve Command, Plaintiff believed he was required to prepare an environmental assessment in a manner that violated federal law. Plaintiff was…
Date: October 20, 2022
Docket Number: 21-35201
Justia Opinion Summary: Plaintiffs alleged that ViSalus, Inc., sent them automated telephone calls featuring an artificial or prerecorded voice message without prior express consent. The jury returned a verdict against ViSalus, finding that it…
Date: October 19, 2022
Docket Number: 16-70543
Justia Opinion Summary: Petitioner sought asylum and related relief on the ground that he was persecuted in China for his Christian faith. In a statement in support of his application, Petitioner wrote that he was arrested at a church gathering…
Date: October 18, 2022
Docket Number: 15-99005
Justia Opinion Summary: Petitioner argued that application of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. Section 2254(d), is unconstitutionally retroactive—i.e., that the relevant event to which AEDPA’s legal…
Date: October 18, 2022
Docket Number: 20-15882
Justia Opinion Summary: Appellants are individuals who bought or leased a vehicle with an emissions defeat device, and they filed individual suits that were consolidated before the same judge who presided over the multidistrict litigation and…
Date: October 18, 2022
Docket Number: 20-56413
Justia Opinion Summary: Five deputies responded to a 911 call reporting that P.M. was acting erratically and threatening someone with a firearm. The deputies asserted that P.M. ignored their warnings, picked up a gun, and began raising it…
Date: October 18, 2022
Docket Number: 21-16532
Justia Opinion Summary: The Ninth Circuit affirmed the district court’s judgment, after a bench trial, in favor of Doctors Medical Center of Modesto, Inc., in an action brought by two deaf Plaintiffs who alleged that the hospital failed to…
Date: October 17, 2022
Docket Number: 17-99009
Justia Opinion Summary: The Ninth Circuit affirmed the district court’s denial of a habeas corpus petition brought by Petitioner, who was sentenced to death in 1994 after a state jury convicted him of first-degree murder and other offenses. In…
Date: October 14, 2022
Docket Number: 20-35411
Justia Opinion Summary: Signal Peak Energy, LLC, an intervenor-appellee, sought to expand its mining operations. The expansion is expected to result in the emission of 190 million tons of greenhouse gases (GHGs). Interior published an…
Date: October 13, 2022
Docket Number: 19-50158
Justia Opinion Summary: Defendants were indicted on many charges related to their participation in the Canta Ranas gang in Whittier, California. Defendants were ultimately convicted on RICO conspiracy. On appeal, Defendants raise multiple…
Date: October 12, 2022
Docket Number: 19-35506
Justia Opinion Summary: Plaintiffs appeal the district court’s dismissal of their claims challenging the constitutionality of Oregon’s since repealed system of suspending, without an inquiry into ability to pay, the driver’s licenses of persons…
Date: October 12, 2022
Docket Number: 20-35962
Justia Opinion Summary: Defendants are GoSmith, Inc., Porch.com, Inc. (which acquired GoSmith), and three individual corporate officers. The Telephone Consumer Protection Act (TCPA) prohibits calls using automatic telephone dialing systems…
Date: October 12, 2022
Docket Number: 20-70050
Justia Opinion Summary: The Ninth Circuit denied on behalf of the court a petition for rehearing en banc in a case in which the panel held that noncitizens must receive a Notice to Appear (“NTA”) in a single document specifying the time and…
Date: October 12, 2022
Docket Number: 20-71846
Justia Opinion Summary: The Ninth Circuit denied on behalf of the court a petition for rehearing en banc in a case in which the panel held that noncitizens must receive a Notice to Appear (“NTA”) in a single document specifying the time and…
Date: October 12, 2022
Docket Number: 21-35728
Justia Opinion Summary: The Oregon facility where Plaintiff is housed has regulations that include these limitations: inmates are limited to having no more than four grievances pending at the same time, each of which must be limited to a…
Date: October 11, 2022
Docket Number: 20-10209
Justia Opinion Summary: Defendant was convicted of possession with intent to distribute ecstasy after Government officers discovered large quantities of illegal drugs in two packages falsely labeled as containing documents from a German law…
Date: October 11, 2022
Docket Number: 21-15089
Justia Opinion Summary: Plaintiff brought suit pursuant to the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. Section 2000cc et seq., the Free Exercise Clause of the First Amendment, and Arizona state law. He claimed…
Date: October 11, 2022
Docket Number: 21-55855
Justia Opinion Summary: Plaintiff Mobilize the Message provides political campaigns with doorknockers and signature gatherers, which it purports to hire as independent contractors. Plaintiff Moving Oxnard Forward is a nonprofit corporation…
Date: October 5, 2022
Docket Number: 18-99007
Justia Opinion Summary: Petitioner appealed from the district court’s denial of his habeas corpus petition under 28 U.S.C. Section 2254, challenging his conviction and death sentence imposed in California state court. The Ninth Circuit affirmed…
Date: October 5, 2022
Docket Number: 20-73314
Justia Opinion Summary: The two procedures at issue are the HARYS FOUR departure procedure at Van Nuys Airport, and the SLAPP TWO departure procedure at Burbank Airport. Petitioner contends that the FAA failed to sufficiently analyze the…
Date: October 5, 2022
Docket Number: 21-55365
Justia Opinion Summary: After the U.S. Consulate in El Salvador denied the immigrant visa application of Plaintiff, he and his U.S.-citizen spouse (collectively "Plaintiffs") sought judicial review of the government’s visa decision. Relying on…
Date: October 4, 2022
Docket Number: 21-55178
Justia Opinion Summary: Appellants alleged they were not “brokers,” and thus did not have to register with the SEC because their client called the shots. Appellants appealed the district court’s liability and remedies orders. The Ninth Circuit…
Date: October 3, 2022
Docket Number: 20-50052
Justia Opinion Summary: The Ninth Circuit amended its Opinion filed April 27, 2022, affirming a conviction and sentence on one count of attempted sexual exploitation of a child, and one count of possession of sexually explicit images of…
Date: September 29, 2022
Docket Number: 19-35427
Justia Opinion Summary: Petitioner was convicted of the murder of an Oregon Department of Corrections Director. However, since trial, another man has confessed to the killing and nearly all the witnesses who directly implicated Petitioner have…
Date: September 29, 2022
Docket Number: 21-15526
Justia Opinion Summary: In Sonner v. Premier Nutrition Corp. (Sonner I), 971 F.3d 834 (9th Cir. 2020), the court affirmed the district court’s dismissal without leave to amend of Plaintiff's class action complaint. This court held that federal…
Date: September 29, 2022
Docket Number: 21-55520
Justia Opinion Summary: Polaris sells off-road vehicles that have roll cages, or rollover protective structures (“ROPS”). The labels on the Polaris vehicles stated that the ROPS complied with Occupational Safety and Health Administration…
Date: September 28, 2022
Docket Number: 20-35752
Justia Opinion Summary: This case involves challenges to five provisions of the Grants Pass Municipal Code (“GPMC”). The provisions can be described as an “anti-sleeping” ordinance, two “anticamping” ordinances, a “park exclusion” ordinance,…
Date: September 28, 2022
Docket Number: 21-15758
Justia Opinion Summary: Apple entered into a $310 million settlement with a class of individuals based on claims that Apple secretly throttled the system performance of certain model iPhones to mask battery defects. Five class objectors sought…
Date: September 28, 2022
Docket Number: 21-35480
Justia Opinion Summary: Plaintiffs Save the Bull Trout, Friends of the Wild Swan, and Alliance for the Wild Rockies challenge the United States Fish and Wildlife Service’s (“Service”) 2015 Bull Trout Recovery Plan under the citizen-suit…
Date: September 27, 2022
Docket Number: 20-71923
Justia Opinion Summary: The Board of Immigration Appeals (BIA) denied Petitioner’s application for cancellation of removal on the ground that he had not established that his United States citizen children would suffer “exceptional and extremely…
Date: September 26, 2022
Docket Number: 20-56172
Justia Opinion Summary: ICE has decided to rely almost exclusively on privately owned and operated facilities in California. Two such facilities are run by appellant The Geo Group, Inc. AB 32 would override the federal government’s decision,…
Date: September 26, 2022
Docket Number: 20-71703
Justia Opinion Summary: Petitioner was removed to Mexico in 2008, partly because of a California conviction for drug possession. In 2018, a California court expunged that conviction under California’s rehabilitative statute, and Petitioner…
Date: September 26, 2022
Docket Number: 21-16244
Date: September 26, 2022
Docket Number: 21-55900
Justia Opinion Summary: The bankruptcy court found nondischargeable (1) indebtedness arising from a disbarred attorney’s obligation to reimburse the State Bar for payments made by the Bar’s Client Security Fund to victims of his misconduct…
Date: September 26, 2022
Docket Number: 22-70098
Justia Opinion Summary: Crime victim Jane Doe filed a petition for a writ of mandamus in this court; she and the defendant in the underlying criminal action also filed a joint stipulation requesting that we “resolve the case on a schedule that…
Date: September 23, 2022
Docket Number: 19-10302
Justia Opinion Summary: Defendant is serving a lengthy prison sentence for armed robbery. He was arrested with tens of thousands of dollars in cash. However, pertaining to this case, the government's case at trial fell apart based on…
Date: September 23, 2022
Docket Number: 20-35514
Justia Opinion Summary: In light of the Montana Supreme Court’s August 16, 2022, opinion in response to the Ninth Circuit's August 6, 2021, certification order, this case is reversed and remanded to the district court for further proceedings.…
Date: September 23, 2022
Docket Number: 21-15117
Justia Opinion Summary: Defendant, a Mexican citizen and United States legal permanent resident, was arrested while attempting to sell five pounds of methamphetamine to a confidential informant. He was charged with possession of methamphetamine…
Date: September 23, 2022
Docket Number: 21-55479
Justia Opinion Summary: The Ninth Circuit reversed the district court’s summary judgment in favor of the Bureau of Reclamation and the Santa Maria Water District (collectively, the “Agencies”) in an action brought by San Luis Obispo Coastkeeper…
Date: September 23, 2022
Docket Number: 21-56264
Justia Opinion Summary: Appellant Smart Capital Investments1 leased several floors of a commercial building in downtown Los Angeles to Appellee Hawkeye Entertainment, LLC. After a rocky relationship developed, Smart Capital took steps to…
Date: September 23, 2022
Docket Number: 21-70093
Justia Opinion Summary: Petitioner asserted that, if he were removed to his native country of El Salvador, he would be identified as a gang member based on his gang tattoos and face a significant risk of being killed or tortured—either by…
Date: September 22, 2022
Docket Number: 19-16839
Justia Opinion Summary: In an action brought by the Spirit of Aloha Temple (“Plaintiffs”) challenging the County of Maui Planning Commission’s denial of its application for a special use permit to hold religious services and other events on…
Date: September 21, 2022
Docket Number: 20-55737
Justia Opinion Summary: After the district court entered default against Defendant on Plaintiff’s claims under the Americans with Disabilities Act and the Unruh Act, it ordered Vo to show cause why it should not decline to exercise supplemental…
Date: September 19, 2022
Docket Number: 19-35870
Justia Opinion Summary: Plaintiff is an individual provider (“IP”) of in-home care for her disabled son. Under Washington law, IPs are considered public employees for the purpose of collective bargaining, and they are represented by Service…
Date: September 19, 2022
Docket Number: 20-35878
Justia Opinion Summary: Before her retirement, Plaintiff was employed by the Oregon Health Authority, and SEIU was the exclusive representative for her bargaining unit. Plaintiff never joined SEIU, but the State deducted union dues from her…
Date: September 14, 2022
Docket Number: 19-15216
Date: September 14, 2022
Docket Number: 20-17315
Justia Opinion Summary: ]Defendant was caught in a government sting operation, having agreed to rob a fake drug stash house to obtain cocaine. When the jury found Reed guilty of the Section 924(c) firearm offense, it did not specify whether he…
Date: September 14, 2022
Docket Number: 20-50333
Justia Opinion Summary: Defendant appealed from the district court’s order denying his motion for compassionate release under 18 U.S.C. Section 3582(c)(1)(A). The Ninth Circuit vacated the district court’s denial Defendant’s for compassionate…
Date: September 14, 2022
Docket Number: 20-72806
Justia Opinion Summary: Petitioner a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his applications for asylum, withholding of removal, and protection under the Convention…
Date: September 14, 2022
Docket Number: 21-16299
Justia Opinion Summary: Plaintiff alleges that Schwab Charitable, its board of directors, and its Investment Oversight Committee breached their fiduciary duties under California law by partnering with Schwab & Co.—a legally separate but closely…
Date: September 14, 2022
Docket Number: 21-70493
Justia Opinion Summary: The Board of Immigration Appeals (BIA) denied Petitioner’s cancellation of removal concluding that his receipt of temporary protected status (TPS) was not admission and, therefore, he could not meet the statutory…
Date: September 13, 2022
Docket Number: 14-10268
Justia Opinion Summary: In a case in which the Supreme Court vacated the Ninth Circuit’s decision filed April 7, 2020, and reported at 954 F.3d 1251 (9th Cir. 2020), the panel filed an amended order granting the government’s motion to reinstate…
Date: September 13, 2022
Docket Number: 20-56158
Date: September 13, 2022
Docket Number: 20-56160
Date: September 13, 2022
Docket Number: 20-56227
Justia Opinion Summary: Nexus Pharmaceuticals, Inc. (Nexus) developed the trademarked and FDA-approved drug Emerphed, ready-to-use ephedrine sulfate in a vial. Drug compounding by “outsourcing facilities” is permitted without FDA approval, but…
Date: September 13, 2022
Docket Number: 21-30172
Justia Opinion Summary: The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation have a cross-deputization agreement with the State of Montana under which the Tribes have agreed to commission state police to act as tribal police…
Date: September 13, 2022
Docket Number: 21-50129
Justia Opinion Summary: Defendant argued that she should be able to withdraw her guilty plea at the sentencing hearing because the district court “rejected” the non-binding sentencing recommendation under Rule 11(c)(1)(B). She asserted that the…
Date: September 12, 2022
Docket Number: 21-16532
Date: September 12, 2022
Docket Number: 21-16532
Justia Opinion Summary: Plaintiffs are a married couple who have each been deaf since early childhood. They appealed the district court’s judgment, entered following a three-day bench trial, on their claims under (1) the Americans with…
Date: September 8, 2022
Docket Number: 20-16142
Justia Opinion Summary: Petitioner petitioned for habeas relief after being in immigration detention for over a year without a bond hearing. During her initial removal proceedings, she was subject to mandatory detention under 8 U.S.C. Section…
Date: September 8, 2022
Docket Number: 20-17512
Justia Opinion Summary: The Ninth Circuit certified the following questions to the Hawaii Supreme Court: 1. May a Hawaii court assert personal jurisdiction over an out-of-state corporate defendant if the plaintiff’s injury “relates to,” but…
Date: September 8, 2022
Docket Number: 20-36009
Justia Opinion Summary: Various parties appealed the dismissal of their action challenging Reclamation’s current operating procedures, which were adopted in consultation with other relevant federal agencies to maintain specific lake levels and…
Date: September 8, 2022
Docket Number: 21-35175
Justia Opinion Summary: The United States appealed to the Ninth Circuit, contesting only the district court’s award of $10 million in extraordinary damages in an FTCA suit alleging negligence on the part of NeighborCare Health Center, a…
Date: September 8, 2022
Docket Number: 21-35185
Justia Opinion Summary: The Ninth Circuit reversed the district court’s dismissal, for failure to state a claim, of the Metlakatlan Indian Community’s suit against Alaskan officials, claiming that an 1891 statute granted the Community and its…
Date: September 8, 2022
Docket Number: 21-35553
Justia Opinion Summary: A Social Security Administration ALJ, appointed by agency staff rather than by the Commissioner as required, reviewed and denied claimant’s initial claims. Without challenging the ALJ’s appointment, the claimant appealed…
Date: September 8, 2022
Docket Number: 21-35642
Justia Opinion Summary: Plaintiff sued Carroll College, alleging that it refused to renew its contract as a golf coach after he complained about gender inequity at the college’s athletic department. The district court ruled that Plaintiff…
Date: September 7, 2022
Docket Number: 21-16563
Justia Opinion Summary: The appeal was brought in the name of purported clients of the law firms of Gallo LLP and Wynne Law Firm (“Gallo/Wynne”). Gallo/Wynne originally sought to represent a putative class of Walgreen’s store managers in the…
Date: September 7, 2022
Docket Number: 22-35028
Date: September 6, 2022
Docket Number: 20-16800
Justia Opinion Summary: Petitioner was convicted of 25 felonies (mostly residential burglaries) committed against multiple victims over a three-month period. The trial court imposed consecutive sentences on all but two of the 25 counts,…
Date: September 6, 2022
Docket Number: 21-35815
Justia Opinion Summary: Plaintiff worked as a licensed marriage and family therapist for more than twenty years and his Christian views inform his work. Plaintiff sued state officials (“Washington”) in May 2021, seeking to enjoin SB 5722. Equal…
Date: September 2, 2022
Docket Number: 17-99009
Justia Opinion Summary: Petitioner was sentenced to death in 1994 after a state jury convicted him of first-degree murder and several other offenses. He appeals the district court’s denial of his federal habeas corpus petition. The Ninth…
Date: September 2, 2022
Docket Number: 19-16606
Justia Opinion Summary: Petitioner raised several ineffective assistance of counsel claims under Strickland v. Washington, 466 U.S. 688 (1984). The Ninth Circuit affirmed and applied AEDPA deference to the state habeas courts’ denial of relief.…
Date: September 2, 2022
Docket Number: 20-55910
Justia Opinion Summary: Plaintiff works as an Immigration and Customs Enforcement (“ICE”) agent. In 2013, she reported to ICE that she was experiencing workplace harassment, and she alleged that Department of Homeland Security (“DHS”) agents…
Date: September 2, 2022
Docket Number: 21-10248
Justia Opinion Summary: After the district court denied his motion to suppress, Defendant pled guilty to smuggling ammunition in violation of 18 U.S.C. Section 554(a). Defendant timely appealed the denial of his motion to suppress. This appeal…
Date: September 2, 2022
Docket Number: 21-15585
Date: September 2, 2022
Docket Number: 21-16262
Justia Opinion Summary: The Ninth Circuit reversed in part and vacated in part the district court’s grant of Defendants’ motion to dismiss, and remanded for further proceedings, in an action in which federally-qualified health centers operating…
Date: August 31, 2022
Docket Number: 19-10069
Justia Opinion Summary: Defendant, an at the Federal Detention Center (FDC) in Honolulu, repeatedly punched and kicked another inmate. The inmate suffered multiple serious injuries, including a broken jaw. Defendant was convicted following a…
Date: August 31, 2022
Docket Number: 19-35543
Justia Opinion Summary: Petitioner was accused of sexually abusing two young girls and fled Alaska soon after. The State of Alaska filed an information that same year, but Petitioner was neither apprehended nor charged by indictment until 2004,…
Date: August 31, 2022
Docket Number: 20-55043
Justia Opinion Summary: Defendant, a prison guard, shot Plaintiff with three sponge-tipped plastic rounds during a prison fight, breaking Plaintiff’s leg and injuring his butt and thigh. Following the fight, prison nurse assessed Plaintiff’s…
Date: August 31, 2022
Docket Number: 21-35617
Justia Opinion Summary: Will Co. Ltd., a Japanese adult entertainment producer, brought a copyright infringement action against the owners and operators of ThisAV.com, a video-hosting site based in Hong Kong, alleging that the site was…
Date: August 31, 2022
Docket Number: 21-55264
Justia Opinion Summary: The district court appointed the receiver and authorized him to sell Defendants’ property—three radio stations—to generate the funds needed to satisfy the judgment. Contending that they had satisfied the judgment by…
Date: August 31, 2022
Docket Number: 21-55478
Justia Opinion Summary: At issue was whether police officers had probable cause to arrest Plaintiff either for reports that he followed and harassed an attorney outside a courthouse or for Plaintiff’s refusal to identify himself during an…
Date: August 31, 2022
Docket Number: 21-70112
Justia Opinion Summary: At Petitioner’s removal proceeding, the government introduced into the record an INTERPOL Red Notice as the only evidence that Gonzalez-Castillo had committed a serious nonpolitical crime in El Salvador. The Ninth…
Date: August 31, 2022
Docket Number: 21-71114
Justia Opinion Summary: NMS Capital Group, LLC, which was wholly owned by Petitioner purchased MCA Securities, LLC, and changed its name to NMS Capital Securities. MCA, now NMS Securities, was a member of FINRA, a securities industry…
Date: August 30, 2022
Docket Number: 19-73107
Justia Opinion Summary: Petitioner initially sought asylum claiming that he was persecuted in India on account of being a Sikh who supports the creation of Khalistan and the Akali Dal (Mann) Party. An immigration judge denied Petitioner’s…
Date: August 30, 2022
Docket Number: 20-16917
Justia Opinion Summary: The police officers at first complied with the requirement that a warrant includes a description of the “place to be searched,” by obtaining a warrant that listed a motel room suspected of being a hub for drug…
Date: August 30, 2022
Docket Number: 20-17285
Justia Opinion Summary: At issue were several statements in articles published by Morgan Simon on Forbes.com that connected CoreCivic to the detention of separated families at the U.S. border and characterized its lobbying efforts as pushing…
Date: August 30, 2022
Docket Number: 21-16242
Justia Opinion Summary: In an action brought by the State of Hawaii challenging the U.S. Department of the Army’s changes to the operation of its dining facilities at Schofield Barracks and Wheeler Army Airfield in Honolulu, Hawaii, the Ninth…
Date: August 29, 2022
Docket Number: 05-99009
Justia Opinion Summary: Petitioner asserted that he is entitled to relief on several grounds, the majority of which the panel addressed in a memorandum disposition filed on January 15, 2021. In this opinion, as amended, the panel addressed…
Date: August 29, 2022
Docket Number: 16-73915
Justia Opinion Summary: The BIA concluded that Petitioner R.M was inadmissible and ineligible for adjustment of status based on his § 13-3415 conviction. Petitioner H.C, who was a lawful permanent resident, was found removable based on his…
Date: August 29, 2022
Docket Number: 20-50361
Justia Opinion Summary: Defendant contended that the district court abused its discretion by denying his motion based on the dangerousness finding imposed by U.S.S.G. Section 1B1.13. The Ninth Circuit amended an opinion filed July 29, 2022,…
Date: August 29, 2022
Docket Number: 21-16043
Justia Opinion Summary: Pacific Gas & Electric Company (“PG&E”), sought chapter 11 protection in a bid to proactively address massive potential liabilities related to a series of wildfires in Northern California. But PG&E was solvent. Its…
Date: August 29, 2022
Docket Number: 22-15827
Justia Opinion Summary: The Fellowship of Christian Athletes (“FCA”) requires students serving in leadership roles to abide by a Statement of Faith, which includes the belief that sexual relations should be limited within the context of a…
Date: August 26, 2022
Docket Number: 20-17307
Justia Opinion Summary: A regulatory scheme established by a Federal Communications Commission 1996 RF Order set exposure limits that included cell phones, and it remains largely intact today. Plaintiffs alleged that RF radiation emitted by…
Date: August 25, 2022
Docket Number: 20-50207
Justia Opinion Summary: Defendant was convicted of violating 18 U.S.C. Sec. 115(a)(1)(B) after threatening to kill an on-duty Social Security employee. On appeal, Defendant claimed that the District Court erred in denying her motion for…
Date: August 25, 2022
Docket Number: 21-15420
Justia Opinion Summary: Relator alleged that Defendants prevented generic drug competitors from entering the market. Relator alleged that this permitted defendants to charge Medicare inflated prices for the two drugs, in violation of the False…
Date: August 25, 2022
Docket Number: 21-35485
Justia Opinion Summary: Plaintiff's son died in a single-vehicle collision. At the time, he was intoxicated and driving the wrong way on a one-way road. The accidental death and dismemberment insurance policy obtained from defendant Life…
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