Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing asylum and protection claims. The court held that criminal extortion by a gang was motivated by pecuniary gain rather than family membership, and that petitioners failed to exhaust claims regarding a child's disability.
The Ninth Circuit affirmed the dismissal of a personal injury lawsuit against Target, ruling that California's two-year statute of limitations applies to the case rather than North Dakota's six-year period. The court held that under California's governmental interest approach to choice of law, the state has a stronger interest in applying its laws to a California resident suing in a California court for products purchased there.
The Ninth Circuit denied a petition for review because the petitioner failed to argue the merits of her asylum and removal claims in her opening brief. The court also dismissed jurisdictional challenges regarding the Notice to Appear and ineffective assistance of counsel as unexhausted or foreclosed by precedent.
The Ninth Circuit denied a petition for review of a BIA order denying asylum and related protections, ruling that the petitioners forfeited their primary legal challenge. The court dismissed the petition without addressing the merits of the underlying immigration claims due to procedural failures in the brief.
The Ninth Circuit reversed a dismissal for lack of personal jurisdiction, holding that non-resident defendants who sold NFTs and recorded a California resident's call purposefully directed their activities at the state. The court found the defendants' intentional acts expressly aimed at California caused foreseeable harm, satisfying the jurisdictional requirements without shifting the burden of unreasonableness.
The Ninth Circuit affirmed summary judgment for federal agents, ruling they retained qualified immunity because the warrant was not facially deficient and the agents did not deliberately deceive the magistrate. The court held that the affidavit provided a colorable argument for probable cause despite the Plaintiffs' allegations of overbreadth and misrepresentation.
The Ninth Circuit affirmed the dismissal of a First Amendment retaliation claim against Sheriff Captain Tom Boelts, finding his internal communications did not chill a person of ordinary firmness. However, the court reversed the dismissal against Lieutenant John Johnson, holding that the plaintiff adequately alleged the initiation of criminal proceedings without probable cause.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations to access the Paniolo Cable Company's undersea infrastructure. The court held that Clearcom failed to meet its burden of proving that the Master Services Agreement and Emergency Service Order were no longer in effect when it issued a settlement guarantee.
The Ninth Circuit affirmed a bankruptcy court's grant of partial summary judgment against Clearcom, Inc. for breach of contract and unjust enrichment regarding the Paniolo Cable Company infrastructure. The court held that sufficient evidence supported the Trustee's claim that the Master Services Agreement and Emergency Service Order remained active when Clearcom failed to pay.
The Ninth Circuit denied a petition for review of the Board of Immigration Appeals' decision to deny asylum and Convention Against Torture relief. The court held that small business ownership is not an immutable characteristic and that generalized country conditions do not prove government acquiescence required for CAT protection.