9th Cir.

United States Court of Appeals for the Ninth Circuit

Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.

Feb 10 2025
23-4240 Unanimous

Luis Alberto Perez-Perez; M.E.P.-B.; Aury Fabiola Barrera-Godoy; M.N.P.-B v. Pamela Bondi, Attorney General

The Ninth Circuit held that listing family members by their agency "A" numbers in a petition for review satisfies the Federal Rule of Appellate Procedure requirement to name all parties. The court rejected the government's request to amend the caption, ruling that "A" numbers provide sufficient notice of identity without foreclosing meritorious claims on technicalities.

Civil Immigration (Civil)
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Feb 10 2025
3:19-cr-05000- Published

UNITED STATES OF AMERICA v. LAMAR ALLEN THOMPSON

The Ninth Circuit affirmed a 28-year federal sentence for child pornography production, ruling that a prior Washington child molestation conviction triggers a statutory ten-year mandatory minimum enhancement. The court also rejected an unpreserved argument that the district court erred by declining to recommend concurrent service with anticipated state sentences.

Child Sexual Abuse Material Criminal Mandatory Minimum Supervised Release
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Jan 28 2025
2:23-cm-00228- Published

In re Grand Jury Subpoena, dated July 21, 2023

The Ninth Circuit reversed a district court order compelling a law firm to submit a privilege log to the government, holding that such a log would violate the client's Fifth Amendment privilege against self-incrimination. The court ruled that when documents are protected under Fisher v. United States, an in camera review by the judge is generally required before any disclosure can be made.

Constitutional Fifth Amendment - Self-Incrimination
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Jan 21 2025
1:15-cv-00321- Published

G.P.P., INC., doing business as Guardian Innovative Solutions v. GUARDIAN PROTECTION PRODUCTS, INC.; RPM WOOD FINISHES GROUP, INC

The Ninth Circuit affirmed a district court's award of over $4 million in attorney's fees to G.P.P., Inc. but reversed the denial of fees to RPM Wood Finishes Group regarding abandoned claims. The panel held that a plaintiff's failure to litigate claims does not constitute a voluntary dismissal under California law without clear, express notice to the court.

Civil Contract
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Jan 14 2025
4:23-cv-01196- Published

TANGLE, INC v. ARITZIA, INC.; ARITZIA LP; UNITED STATES OF ARITZIA, INC

The Ninth Circuit reversed the dismissal of a copyright claim involving kinetic sculptures, holding that their ability to assume multiple poses does not prevent them from being fixed in a tangible medium. However, the court affirmed the dismissal of a trade dress claim because the plaintiff failed to provide adequate notice of the specific elements of the alleged trade dress.

Civil Intellectual Property
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Dec 30 2024
2:20-cr-00095- Published

UNITED STATES OF AMERICA v. LARRY SENG IN

The Ninth Circuit reversed a district court's suppression order, ruling that handcuffing a suspect during a traffic stop did not constitute an unlawful de facto arrest. The panel held that officers had a reasonable basis to fear for their safety given an unsecured firearm and the suspect's uncooperative demeanor.

Criminal Fifth Amendment - Self-Incrimination Firearms Fourth Amendment - Search & Seizure
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Dec 30 2024
9:21-cr-00029- Published

UNITED STATES OF AMERICA v. MICHAEL BLAKE DEFRANCE

The Ninth Circuit reversed Michael Blake DeFrance's conviction for possessing a firearm as a convicted domestic abuser because his prior state offense did not legally require physical force. The court held that Montana's assault statute is too broad to qualify as a predicate offense under federal law because it can be violated by inflicting emotional distress alone.

Criminal Drug Trafficking Firearms
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Dec 20 2024
3:23-cv-00850-IM 2-1

ANDREW CHARLES NISBET v. SPIRIT ROSE BRIDGER

The Ninth Circuit affirmed the denial of a father's petition to return his two young children to Scotland under the Hague Convention. The court held that the children lacked a habitual residence in Scotland because their mother never intended to settle there and the children lacked meaningful social ties to the country.

Criminal Violent Crimes
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