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Jun 11 2024
9th Cir. 5:18-cr-00258- Published

UNITED STATES OF AMERICA v. ELIZABETH A. HOLMES

The Ninth Circuit affirmed the fraud convictions and sentences of Elizabeth Holmes and Sunny Balwani, ruling that while some lay witness testimony improperly encroached on expert testimony under Rule 702, any error was harmless. The court further rejected arguments regarding the admissibility of a CMS report and other evidentiary challenges, finding no reversible error in the district court's decisions.

Criminal Drug Trafficking
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May 10 2024
United States Court… 22-3086 Panel Decision

UNITED STATES OF AMERICA v. STEPHEN K. BANNON

The D.C. Circuit affirmed Stephen Bannon's conviction for contempt of Congress, rejecting his argument that the statute requires bad faith or that advice of counsel is a valid defense. The court held that the statutory term 'willfully' is satisfied by a deliberate and intentional refusal to comply with a congressional subpoena, regardless of the defendant's subjective belief in their legal justification.

Criminal Other Criminal
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Apr 26 2024
United States Court… 24-7078 Panel Decision

Walton v. First Merchants Bank

The D.C. Circuit affirmed the district court's sua sponte dismissal of Deborah Walton's complaint, holding that she lacks standing to bring a qui tam action under the False Claims Act. The court further ruled that her retaliation claim fails because she is not an employee or agent of the defendants, and that she forfeited other federal claims by failing to adequately brief them.

Civil Civil Rights - Employment
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Apr 24 2024
9th Cir. 22-1969 Published

NATIONAL LABOR RELATIONS BOARD v. SIREN RETAIL CORPORATION DBA STARBUCKS ---------------------------------------- WORKERS UNITED: NATIONAL LABOR RELATIONS BOARD v. SIREN RETAIL CORPORATION DBA STARBUCKS —————————————- WORKERS UNITED

The Ninth Circuit enforced the National Labor Relations Board's order requiring Starbucks to bargain with Workers United, rejecting the company's arguments regarding election procedures and court jurisdiction. The panel held that the Regional Director properly ordered a mail-ballot election during the pandemic and that the Board's order was final and reviewable despite severing a potential compensatory remedy.

Civil Immigration (Civil)
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Mar 12 2024
2nd Cir. 22-1426-cr Panel Decision

UNITED STATES OF AMERICA v. GHISLAINE MAXWELL

The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.

Criminal Fifth Amendment - Double Jeopardy Sentencing Guidelines Sex Offenses
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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 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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