Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed the dismissal of an employment discrimination lawsuit because the plaintiff failed to file a timely charge with the EEOC. This failure to exhaust administrative remedies also barred her parallel claims under the Immigration and Nationality Act.
The Ninth Circuit denied Anthony Duran's petition for review of the Board of Immigration Appeals' order denying his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The court affirmed that Duran's conviction for shooting at an occupied vehicle constituted a particularly serious crime and found substantial evidence supported the denial of his other relief requests.
The Ninth Circuit affirmed the dismissal of Alfred Clark's foreclosure-related claims, ruling that he failed to plausibly allege the defendants were debt collectors under the FDCPA or that he was not in default. The court held that amending the complaint would be futile because no viable legal theory existed to support his allegations under federal or Nevada law.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision affirming the denial of cancellation of removal. The court held that the petitioner forfeited his challenge regarding his son's age by failing to raise it in his opening brief, as the BIA relied on an alternative, independently sufficient ground.
The Ninth Circuit affirmed summary judgment for Tesla, ruling that a used car buyer cannot automatically inherit a manufacturer's warranty claim from the original owner. The court held that valid assignment of a legal right requires the transferor to manifest a specific intent to transfer, which was absent in this transaction.
The Ninth Circuit vacated summary judgment on a maritime negligence claim because expert testimony created a genuine dispute over whether a cruise line knew its bathroom design was unreasonably dangerous. However, the court affirmed summary judgment on a negligence per se claim because a movable shower curtain does not qualify as a prohibited obstruction under applicable plumbing codes.
The Ninth Circuit affirmed the Tax Court's summary judgment upholding a frivolous filing penalty and a separate sanction against Ruben Varela. The court rejected Varela's arguments that income tax liability depends on receiving a governmental privilege and found no abuse of discretion in the sanctions imposed for pursuing meritless positions.
The Ninth Circuit reversed a district court dismissal, holding that ambiguous annual aggregate limits in 1960s insurance policies do not cap liability for property damage claims. The court found that extrinsic evidence and historical industry practices confirmed the policies lacked a clear cap for the County's environmental remediation costs.
The Ninth Circuit affirmed Jacques Polzin's conviction for violating federal conflict-of-interest statutes, ruling that a rational jury could reject his entrapment by estoppel defense. The court deferred to the jury's resolution of conflicting evidence regarding supervisor approval and Polzin's concealment from ICE agents.
The Ninth Circuit affirmed the dismissal of a pro se lawsuit challenging Los Angeles County property tax collection, holding that federal comity principles bar § 1983 challenges where state remedies exist. The court also upheld the dismissal of civil RICO and state law claims for failing to meet the plausibility standard required by federal pleading rules.