Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit reversed a district court's denial of a motion to compel arbitration, holding that a severability clause does not negate a clear and unmistakable delegation of validity challenges to an arbitrator. The court ruled that federal law, not state law, governs the interpretation of such delegation clauses under the Federal Arbitration Act.
The Ninth Circuit denied a petition for review challenging an Immigration Judge's handling of a continuance request and translation services. The court held that the petitioner failed to demonstrate prejudice because he was statutorily ineligible for any relief other than voluntary departure, which he received.
The Ninth Circuit denied a petition for review of a denial of cancellation of removal, upholding the Immigration Judge's finding that the petitioner failed to prove exceptional and extremely unusual hardship to his qualifying children. The court clarified that children with DACA status do not qualify as relatives for hardship purposes and that general financial or emotional hardships are insufficient to meet the statutory standard.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen for cancellation of removal. The court held that defects in the Notice to Appear do not strip immigration courts of jurisdiction and that the petitioner failed to prove eligibility for the requested relief.
The Ninth Circuit affirmed the district court's dismissal of general jurisdiction claims but reversed its dismissal of specific jurisdiction over certain tort claims against USA Ski & Snowboard and Peter Foley. The court held that California courts may exercise specific personal jurisdiction over the defendants regarding sexual harassment and negligence claims arising from training camps held in the state.
The Ninth Circuit affirmed the district court's dismissal of a bankruptcy fee appeal. The court found the appeal moot because a related case was dismissed for lack of subject matter jurisdiction.
The Ninth Circuit affirmed the dismissal of Jun Dam's claims against a bankruptcy trustee and counsel, ruling that Dam lacked prudential standing to assert third-party rights. However, the court vacated the dismissal with prejudice, instructing the district court to dismiss the claims without prejudice due to a lack of subject-matter jurisdiction.
The Ninth Circuit affirmed convictions under 18 U.S.C. § 922(g)(9), ruling that the federal ban on firearm possession by domestic violence misdemeanants is constitutional under the Second Amendment. The court held that the statute aligns with historical traditions of disarming dangerous classes and does not require individualized findings of future dangerousness for each offender.
The Ninth Circuit denied the Government's motion to vacate its prior panel opinion regarding Venezuela's Temporary Protected Status designation. The court held that the doctrine of mootness did not compel vacatur when the case became moot after a valid decision had already been rendered.
The Ninth Circuit affirmed the dismissal of a Federal Tort Claims Act lawsuit, ruling that a plaintiff's acceptance of a settlement check for property damage constituted a complete release of all claims arising from the same accident. The court held that the government's waiver of sovereign immunity did not apply because the plaintiff had already barred the personal injury claim by accepting the settlement terms.