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Dec 3 2024
9th Cir. 3:21-cv-01416- Published

Windy Cove, Inc. v. Circle K Stores Inc.

The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.

Civil Contract Summary Judgment
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Nov 26 2024
2nd Cir. 22-639 Per Curiam

United States v. Davis

The Second Circuit affirmed Andrew Davis's conviction for conspiracy to commit money laundering, ruling that circumstantial evidence sufficiently linked his girlfriend's cash deposits to his drug trafficking proceeds. The court also rejected ten pro se arguments regarding ineffective assistance, double jeopardy, and sentencing enhancements as meritless, forfeited, or premature.

Constitutional Fifth Amendment - Double Jeopardy Habeas Corpus - Federal Prisoner (28 USC 2255) Habeas Corpus - General (28 USC 2241)
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Nov 13 2024
9th Cir. 23-114 Published

JOSE ERNESTO ALEMAN-BELLOSO v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.

Civil Immigration (Civil)
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Nov 13 2024
2nd Cir. 22-1801 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for public school employees, ruling the policy neutral and generally applicable. However, the court vacated and remanded the dismissal of as-applied religious exemption claims for two plaintiffs, requiring the district court to evaluate whether their denials improperly judged the nature of their beliefs.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 22-1876 Per Curiam

New Yorkers for Religious Liberty, Inc. v. City of New York

The Second Circuit affirmed the dismissal of facial challenges to New York City's COVID-19 vaccination mandate for school employees, applying rational basis review. However, the court vacated and remanded the dismissal of as-applied claims for two plaintiffs, finding the district court erred by not applying strict scrutiny to the denial of their religious exemptions.

Civil Civil Rights - Employment
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Nov 13 2024
2nd Cir. 23-700 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed in part and vacated in part, holding that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi but possessed personal jurisdiction over Clearstream. The court further ruled that while Section 8772 is constitutional, the district court erred in granting summary judgment without first determining asset ownership under state law.

Bankruptcy Civil Summary Judgment
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Nov 13 2024
2nd Cir. 23-614 Panel Decision

Peterson v. Bank Markazi

The Second Circuit affirmed the district court's exercise of personal jurisdiction over Clearstream and the constitutionality of 22 U.S.C. § 8772, but vacated the summary judgment against Bank Markazi. The court held that the district court lacked subject matter jurisdiction over the turnover claim against Bank Markazi and erred by failing to apply state law to determine ownership interests in the assets.

Bankruptcy Civil Summary Judgment
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Nov 8 2024
9th Cir. 2:17-cr-00661- Published

UNITED STATES OF AMERICA v. JULIAN OMIDI

The Ninth Circuit affirmed a nearly $100 million forfeiture judgment against Julian Omidi and his business for a health care fraud scheme. The court rejected the argument that a '100% Fraud Rule' applies, holding that all proceeds derived from the fraud must be forfeited even if some legitimate transactions contributed to those proceeds.

Criminal Fraud
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Nov 5 2024
9th Cir. 8:19-cr-00010- Published

UNITED STATES OF AMERICA v. DZUNG AHN PHAM

The Ninth Circuit affirmed the denial of a physician's motion to withdraw his guilty plea, ruling that his admission to knowingly issuing prescriptions outside the usual course of professional practice satisfied the mens rea requirement established in Ruan v. United States. The court held that Pham's explicit acknowledgment that he acted without a legitimate medical purpose inherently proved he knew he was unauthorized under the Controlled Substances Act.

Criminal Drug Trafficking
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