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

Feb 10 2025
9th Cir. 23-4240 Unanimous

Luis Alberto Perez-Perez; M.E.P.-B.; Aury Fabiola Barrera-Godoy; M.N.P.-B v. Pamela Bondi, Attorney General

The Ninth Circuit held that listing family members by their agency "A" numbers in a petition for review satisfies the Federal Rule of Appellate Procedure requirement to name all parties. The court rejected the government's request to amend the caption, ruling that "A" numbers provide sufficient notice of identity without foreclosing meritorious claims on technicalities.

Civil Immigration (Civil)
Read summary →
Feb 10 2025
9th Cir. 3:19-cr-05000- Published

UNITED STATES OF AMERICA v. LAMAR ALLEN THOMPSON

The Ninth Circuit affirmed a 28-year federal sentence for child pornography production, ruling that a prior Washington child molestation conviction triggers a statutory ten-year mandatory minimum enhancement. The court also rejected an unpreserved argument that the district court erred by declining to recommend concurrent service with anticipated state sentences.

Child Sexual Abuse Material Criminal Mandatory Minimum Supervised Release
Read summary →
Feb 5 2025
2nd Cir. 23-634 Panel Decision

Xerox Corp. v. Local 14A, Rochester Reg'l Joint Bd.: Xerox Corp. v. Local 14A, Rochester Reg’l Joint Bd.

The Second Circuit vacated a district court ruling that denied arbitration of a dispute over retiree benefits, holding that the collective bargaining agreement contained language reasonably susceptible to interpretation as vesting benefits beyond the contract's expiration. The court remanded the case to allow a trier of fact to resolve the ambiguity regarding the parties' intent, particularly in light of conflicting reservation-of-rights clauses.

Civil ERISA / Employee Benefits Labor
Read summary →
Feb 4 2025
2nd Cir. 22-3097 Panel Decision

Schansman v. Sberbank of Russia PJSC

The Second Circuit held that the Foreign Sovereign Immunities Act's commercial activity exception applies to claims brought under the Anti-Terrorism Act, abrogating sovereign immunity for a Russian state-owned bank. The court further ruled for the first time that the ATA's immunity provisions cover foreign state instrumentalities, not just agencies.

Civil Labor
Read summary →
Feb 3 2025
2nd Cir. 22-3076 Panel Decision

In re Shanda Games Ltd. Sec. Litig.

The Second Circuit vacated the dismissal of a securities fraud class action, holding that minority shareholders adequately alleged loss causation and that the scienter of conflicted directors is imputable to the company. The court ruled that the fraud-on-the-market presumption applies to shareholders who forfeited appraisal rights in a freeze-out merger, allowing the case to proceed to trial.

Criminal Embezzlement & Forgery
Read summary →
Jan 28 2025
9th Cir. 2:23-cm-00228- Published

In re Grand Jury Subpoena, dated July 21, 2023

The Ninth Circuit reversed a district court order compelling a law firm to submit a privilege log to the government, holding that such a log would violate the client's Fifth Amendment privilege against self-incrimination. The court ruled that when documents are protected under Fisher v. United States, an in camera review by the judge is generally required before any disclosure can be made.

Constitutional Fifth Amendment - Self-Incrimination
Read summary →
Jan 23 2025
2nd Cir. 22-1854 Panel Decision

UNITED STATES OF AMERICA EX REL. RALPH BILLINGTON, MICHAEL ACEVES, AND SHARON DORMAN v. HCL TECHNOLOGIES LTD. AND HCL AMERICA, INC

The Second Circuit affirmed the dismissal of a qui tam action alleging that HCL Technologies violated the False Claims Act by using cheaper visas and underpaying foreign workers. The court held that the relators failed to plausibly allege a reverse FCA violation because no established legal obligation existed to pay higher taxes or visa fees that the defendant never actually incurred.

Civil Labor
Read summary →
Jan 21 2025
9th Cir. 1:15-cv-00321- Published

G.P.P., INC., doing business as Guardian Innovative Solutions v. GUARDIAN PROTECTION PRODUCTS, INC.; RPM WOOD FINISHES GROUP, INC

The Ninth Circuit affirmed a district court's award of over $4 million in attorney's fees to G.P.P., Inc. but reversed the denial of fees to RPM Wood Finishes Group regarding abandoned claims. The panel held that a plaintiff's failure to litigate claims does not constitute a voluntary dismissal under California law without clear, express notice to the court.

Civil Contract
Read summary →
Jan 14 2025
9th Cir. 4:23-cv-01196- Published

TANGLE, INC v. ARITZIA, INC.; ARITZIA LP; UNITED STATES OF ARITZIA, INC

The Ninth Circuit reversed the dismissal of a copyright claim involving kinetic sculptures, holding that their ability to assume multiple poses does not prevent them from being fixed in a tangible medium. However, the court affirmed the dismissal of a trade dress claim because the plaintiff failed to provide adequate notice of the specific elements of the alleged trade dress.

Civil Intellectual Property
Read summary →