Decisions

Every decision we've summarized — searchable, filterable, neutral.

Mar 6 2024
9th Cir. 3:21-cv-01718- Published

B & L PRODUCTIONS, INC., DBA Crossroads of the West; BARRY BARDACK; RONALD J. DIAZ, Sr.; JOHN DUPREE; CHRISTOPHER IRICK; ROBERT SOLIS; LAWRENCE MICHAEL WALSH; CAPTAIN JON’S LOCK...: B & L PRODUCTIONS, INC., DBA Crossroads of the West; BARRY BARDACK; RONALD J. DIAZ, Sr.; JOHN DUPREE; CHRISTOPHER IRICK; ROBERT SOLIS; LAWRENCE MICHAEL WALSH; CAPTAIN JON’S LOCK…

The Ninth Circuit affirmed the dismissal of a challenge to California statutes banning firearm sales on state property, ruling that the laws regulate nonexpressive conduct and do not violate the First or Second Amendments. In a related consolidated appeal, the court vacated a preliminary injunction, finding the plaintiffs failed to demonstrate a likelihood of success on their constitutional claims.

Civil Securities
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Feb 29 2024
9th Cir. 6:23-cv-01624- Per Curiam

Linthicum v. Wagner

The Ninth Circuit affirmed the denial of a preliminary injunction, holding that legislators' walkouts to deny a quorum are official acts protected by Nevada Commission on Ethics v. Carrigan rather than personal speech under the First Amendment. Consequently, the Senators could not claim retaliation for absences incurred during their protest, meaning Oregon's constitutional disqualification provision applies without violating free speech rights.

Civil Civil Rights - Employment
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Feb 24 2024
9th Cir. 1:24-cv-00066- Published

THOMAS EUGENE CREECH v. IDAHO COMMISSION OF PARDONS AND PAROLE and JAN M BENNETTS, Ada County Prosecuting Attorney

The Ninth Circuit affirmed the denial of a preliminary injunction, rejecting a death row inmate's due process claims regarding Idaho's commutation proceedings. The court held that the state's procedures satisfied constitutional minimums and that any alleged prosecutorial errors were harmless given the overwhelming evidence supporting the denial of clemency.

Civil Rights - Section 1983 Constitutional Habeas Corpus - General (28 USC 2241)
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Feb 24 2024
9th Cir. 1:20-cv-00114- Per Curiam

THOMAS E. CREECH v. JOSH TEWALT, Director, Idaho Department of Correction; TIM RICHARDSON, Warden, Idaho Maximum Security Institution; CHAD PAGE, Chief, Division of Prisons, Ida...: THOMAS E. CREECH v. JOSH TEWALT, Director, Idaho Department of Correction; TIM RICHARDSON, Warden, Idaho Maximum Security Institution; CHAD PAGE, Chief, Division of Prisons, Ida…

The Ninth Circuit affirmed the denial of preliminary injunctive relief to death row inmate Thomas Creech regarding his scheduled lethal injection. The court held that Creech failed to demonstrate a likelihood of success on his Due Process and Eighth Amendment claims because his arguments about drug provenance were speculative and he offered no viable alternative execution method.

Civil Civil Rights - PLRA / Prisoner Civil Rights - Section 1983
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Feb 20 2024
9th Cir. 22-1804 Published

Valley Hospital Medical Center, Inc. v. National Labor Relations Board

The Ninth Circuit enforced the National Labor Relations Board's amended order finding that Valley Hospital committed an unfair labor practice by unilaterally ceasing union dues checkoff after a collective bargaining agreement expired. The court held that the Board was not bound by its prior decision and could change its interpretation of the National Labor Relations Act provided it offered a reasoned explanation for the shift.

Civil Labor
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Feb 20 2024
9th Cir. 23-137 Published

NATIONAL LABOR RELATIONS BOARD v. VALLEY HEALTH SYSTEM, LLC DBA DESERT SPRINGS HOSPITAL MEDICAL CENTER; VALLEY HOSPITAL MEDICAL CENTER, INC. DBA VALLEY HOSPITAL MEDICAL CENTER

The Ninth Circuit enforced the National Labor Relations Board's order finding that hospitals committed an unfair labor practice by unilaterally stopping union dues checkoff after their collective bargaining agreements expired. The court ruled that the Taft-Hartley Act does not require specific revocability language to be written into employee authorization forms for the deduction to remain valid.

Civil Labor
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Feb 14 2024
2nd Cir. 22-3094-cv Panel Decision

Saint-Jean v. Emigrant Mortgage Co., Inc.

The Second Circuit affirmed a jury verdict in a reverse redlining case where Black and Latino homeowners successfully sued a lender for violating antidiscrimination laws by targeting them with predatory mortgage refinancing loans. The court held that equitable tolling applied to the statute of limitations and that a release-of-claims provision in a loan modification agreement was unenforceable as a matter of law.

Civil Civil Rights - Employment
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