Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit denied a petition for review of an immigration order because the petitioner failed to specifically argue the dispositive legal elements of his asylum and withholding of removal claims. The court held that the petitioner forfeited review of the nexus and government protection determinations by not addressing them distinctly in his opening brief.
The Ninth Circuit reversed the denial of Social Security disability benefits, holding that the Administrative Law Judge failed to resolve significant inconsistencies between job-number evidence provided by a vocational expert and contrary evidence submitted by the claimant. The court clarified that when a claimant produces probative data using sources frequently relied upon by the agency, the ALJ must explicitly address and resolve the discrepancy rather than relying on general deference to the expert's experience.
The Ninth Circuit reversed the dismissal of a qui tam action alleging drug manufacturers violated the False Claims Act by inflating prices under the Section 340B Program. The court held that while the Supreme Court barred direct private suits to enforce Section 340B, the False Claims Act provides an independent cause of action for fraud against the government that is not precluded by that limitation.
The Ninth Circuit affirmed the dismissal of a pro se prisoner's civil rights action alleging unconstitutional prison conditions. The court held that the plaintiff failed to allege facts sufficient to demonstrate deliberate indifference to a substantial risk of serious harm.
The Ninth Circuit affirmed a district court's grant of summary judgment in a prisoner's civil rights lawsuit alleging that prison officials were deliberately indifferent to his health risks during the COVID-19 pandemic. The court held that the plaintiff failed to provide sufficient evidence that officials knew of and disregarded an excessive risk to his safety.
The Ninth Circuit affirmed a sentence for illegal reentry, rejecting the argument that concurrent sentencing for a prior false-statement conviction precludes applying an eight-level sentencing enhancement. The panel held that the text of the Sentencing Guidelines requires using the actual sentence length imposed for the prior non-reentry offense, regardless of how grouping rules affected the original sentence.
The Ninth Circuit affirmed the dismissal of a pro se plaintiff's civil rights lawsuit because he failed to comply with district court orders. The court held that the district court acted within its discretion under Federal Rule of Civil Procedure 41(b) and that the plaintiff waived any objections to the magistrate judge's report by failing to raise them.
The Ninth Circuit affirmed the dismissal of a prisoner's civil rights lawsuit alleging substantive due process violations. The court held that the plaintiff failed to allege facts sufficient to state a plausible claim.
The Ninth Circuit affirmed the dismissal of a California state prisoner's pro se lawsuit alleging First Amendment retaliation. The court held that the plaintiff failed to allege sufficient facts to establish a plausible causal connection between his protected conduct and the adverse actions taken against him.
The Ninth Circuit affirmed the dismissal of a pro se prisoner's civil rights lawsuit alleging due process violations in prison disciplinary proceedings. The court held that the plaintiff failed to allege facts sufficient to state a plausible claim.