Kentrell Parker v. Tim Hooper, Warden, Louisiana State Penitentiary

K. J., a minor, by and through his guardian ad litem, Kasey L. Johnson v. Doctor LAMONT A. JACKSON

The Ninth Circuit reversed summary judgment, holding that school officials violated a high school student's due process rights by extending his suspension based on new charges without providing notice or a hearing. The court further ruled that the officials are not entitled to qualified immunity and that the student has standing to seek expungement of the disciplinary records.

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.

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.

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.

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.

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.

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.

ROMIO VILLAGOMEZ v. JAMES R. MCHENRY III, Acting Attorney General

The Ninth Circuit held that a Nevada felony battery conviction resulting in substantial bodily harm categorically qualifies as a crime of violence aggravated felony. The court rejected arguments that the statute covers mere unwanted touching or reckless conduct, affirming the petitioner's removal eligibility.

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.