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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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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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Dec 28 2023
9th Cir. 21-411 Published

FILIBERTO ALCAREZ- RODRIGUEZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit held that the Board of Immigration Appeals abused its discretion by denying a motion to remand without addressing evidence of unavailability due to homelessness or evaluating good cause under Matter of R-C-R-. The court remanded the case for the BIA to properly consider whether the petitioner established prima facie eligibility for asylum and related relief.

Civil Immigration (Civil)
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Nov 17 2023
9th Cir. 21-352 Published

JOSE MARIA ZUNIGA DE LA CRUZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of a petition for review, holding that Miranda warnings and the exclusionary rule do not apply in civil immigration removal proceedings. The court rejected the petitioner's argument that an administrative arrest warrant transformed the civil nature of the proceeding into a criminal one.

Civil Fifth Amendment - Self-Incrimination Fourth Amendment - Search & Seizure Immigration (Civil)
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