Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed a Bankruptcy Appellate Panel ruling that creditors violated the bankruptcy discharge injunction by misapplying Chapter 13 plan payments. The court further held that emotional distress damages remain a potential remedy for such violations under traditional civil contempt principles.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim, finding that the immigration judge's reliance on evidence was supported by substantial evidence. The court held that any procedural error regarding interview notes was harmless because the judge did not credit them as true, and that the petitioner failed to meet the high burden required to overturn the agency's factual findings.
The Ninth Circuit held that a petitioner's claim of derivative citizenship presents a genuine issue of material fact that cannot be resolved by the Board of Immigration Appeals. Consequently, the court transferred the case to the United States District Court for a de novo determination of the nationality claim.
The Ninth Circuit affirmed the denial of a motion to intervene in a class action against Google, ruling the request was untimely under Federal Rule of Civil Procedure 24. The court held that intervening three months before a settlement approval hearing would likely void the agreement and prejudice the existing parties.
The Ninth Circuit reversed and remanded a wage-and-hour judgment against Jack in the Box, holding that the district court erred in granting summary judgment on the willfulness of Workers' Benefit Fund overdeductions. The panel also ruled that the employer must pay for the full duration of shortened meal breaks under Oregon law and remanded the shoe deduction claims for a jury to determine if the deductions ultimately benefited employees.
The Ninth Circuit affirmed Robert Charles Kay's conviction for possession of controlled substances with intent to distribute. The court held that the warrantless search of Kay's vehicle was constitutional under the plain view doctrine and the automobile exception to the Fourth Amendment.
The Ninth Circuit reversed and remanded a wage-and-hour judgment against Jack in the Box, holding that willfulness of overdeductions requires a factual trial and that employers must pay for shortened meal periods under Oregon law. The panel also ruled that shoe deductions were not automatically for the employee's benefit and remanded for class certification reconsideration on unpaid breaks and shoe claims.
The Ninth Circuit affirmed the denial of a motion to suppress evidence, ruling that an officer's opening of a driver's door was reasonable to ensure safety and facilitate communication. Even assuming the door opening was unlawful, the court held that probable cause for a vehicle search was independently established by a second officer detecting marijuana odor.
The Ninth Circuit affirmed the denial of Stuart Seugasala's motion for relief from judgment, rejecting claims of procedural error and judicial bias. The court held that any procedural missteps were harmless and found no reasonable basis to question the district judge's impartiality.
The Ninth Circuit denied Sarabjit Singh's petition for review of the Board of Immigration Appeals' decision to deny his asylum and withholding of removal claims. The court upheld the agency's finding that Singh, a low-level party member, could safely relocate within India and would not be tracked by his persecutors.