United States Court of Appeals for the Ninth Circuit

ROBIN R. GILLILAND v. Linn County Deputy EASON; Linn County Deputy LEDERER; Linn County Deputy Lt D. RANDALL

The Ninth Circuit reversed summary judgment on Gilliland's Eighth Amendment excessive-force claim against Deputy Eason, finding a genuine dispute of material fact regarding force used during transport. The court affirmed judgment for all other claims, including those against Deputy Lederer and Lieutenant Randall, while remanding the excessive-force claim for trial.

SUSIE ESKILIAN v. PAMELA BONDI, Attorney General

The Ninth Circuit vacated the Board of Immigration Appeals' denial of a stateless immigrant's motion to reopen removal proceedings, ruling that the agency applied an incorrect diligence standard. The court held that individuals born in the Soviet era who are deemed stateless reasonably begin challenging removal only after learning they are no longer protected from deportation.

UNITED STATES OF AMERICA v. JOSHUA HANS ABAT JAO

LEGALFORCE RAPC WORLDWIDE, PC v. LEGALFORCE, INC., a Japanese corporation

The Ninth Circuit affirmed the dismissal of a Lanham Act trademark infringement claim, holding that a company's sale of its own equity does not constitute "goods or services" under the statute. The court reasoned that because equity is an ownership interest rather than a marketable product offered to customers, advertising and selling shares cannot support a trademark infringement action.

UNITED STATES OF AMERICA v. JORGE OLIVERIO MORAN-CAN

The Ninth Circuit affirmed Jorge Oliverio Moran-Can's conviction for assaulting a federal officer, rejecting his claims regarding jury selection, expert testimony, and prosecutorial misconduct. The court held that the defendant failed to prove the prosecutor's strike of a Latino juror was pretextual and that the district court correctly excluded unreliable expert testimony.

ARIZONA STATE LEGISLATURE, by and through the President of the Arizona Senate, Warren Petersen, and the Speaker of the Arizona House of Representatives, Steve Montenegro; KIMBER...

The Ninth Circuit affirmed the dismissal of a challenge to a presidential proclamation creating a national monument, holding that the plaintiffs lacked Article III standing. The court ruled that alleged future injuries to tax revenue and land value were too speculative to satisfy the imminence requirement.

O'Dell v. Aya Healthcare Services, Inc.

The Ninth Circuit held that applying non-mutual offensive collateral estoppel to invalidate arbitration agreements violates the Federal Arbitration Act. The court reasoned that such preclusion undermines the FAA's core principle of consent and effectively transforms individualized proceedings into an unagreed-upon class action.

LOS ANGELES PRESS CLUB; NEWSGUILD - COMMUNICATIONS WORKERS OF AMERICA; SEAN BECKNER-CARMITCHEL; RYANNE MENA; LEXIS-OLIVIER RAY; CHARLES XU; BENJAMIN ADAM CLIMER; ABIGAIL OLMEDA...

The Ninth Circuit affirmed that journalists and protesters likely succeeded on First Amendment retaliation claims against federal officers but vacated a preliminary injunction as overbroad. The court remanded the case for the district court to fashion a narrower order strictly tailored to the specific harms alleged by the plaintiffs.

ALFONSO VERDUZCO RUIZ v. PAMELA BONDI, Attorney General

The Ninth Circuit denied a petition for review of a Department of Homeland Security reinstatement order, ruling that an approved visa petition does not create a vested right to adjust status before the Illegal Immigration Reform and Immigrant Responsibility Act. The court further held that aliens must demonstrate actual prejudice to claim a due process violation for the denial of counsel in reinstatement proceedings.

DION KIRK HUMPHREY v. FEDERAL BUREAU OF INVESTIGATION; UNITED STATES BUREAU OF ALCOHOL TOBACCO FIREARMS & EXPLOSIVES