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Apr 11 2025
7th Cir. 24-1217 Panel Decision

Griffith Foods International Inc. v. National Union Fire Insurance Company of Pittsburgh PA

The Seventh Circuit reversed the district court's denial of a motion to certify a question of Illinois law to the state's highest court. The appellate court held that conflicting Illinois precedents regarding permitted industrial emissions create genuine uncertainty about whether such discharges constitute traditional environmental pollution under the Koloms standard.

Civil Insurance
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Mar 4 2025
9th Cir. 6:16-cv-00035- Published

STATE OF MONTANA v. TALEN MONTANA, LLC; NORTHWESTERN CORPORATION; UNITED STATES OF AMERICA; UNITED STATES FOREST SERVICE; UNITED STATES BUREAU OF RECLAMATION; UNITED STATES BURE...: STATE OF MONTANA v. TALEN MONTANA, LLC; NORTHWESTERN CORPORATION; UNITED STATES OF AMERICA; UNITED STATES FOREST SERVICE; UNITED STATES BUREAU OF RECLAMATION; UNITED STATES BURE…

The Ninth Circuit affirmed a district court judgment quieting title to riverbeds, holding that only the Sun River to Black Eagle Falls Segment was navigable in fact at the time of Montana's statehood. The court rejected the State's argument that actual river use alone establishes navigability and confirmed that the segment-by-segment analysis required by PPL Montana was correctly applied to all disputed reaches.

Administrative / Agency Review Civil
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Feb 28 2025
9th Cir. 5:24-cv-00206- Published

KIANA JONES v. STARZ ENTERTAINMENT, LLC

The Ninth Circuit affirmed the denial of a motion to compel individual arbitration, holding that a consumer was not a 'party aggrieved' when an arbitration provider consolidated thousands of identical filings. The court ruled that the Federal Arbitration Act does not allow a petitioner to challenge procedural consolidation or seek to modify the agreement to force individual arbitration.

Civil Insurance
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Feb 26 2025
2nd Cir. 23-903 Panel Decision

Uviles v. City of New York

The Second Circuit affirmed that the City of New York lawfully detained a parolee pursuant to a warrant that remained facially valid despite the expiration of the statutory deadline for a preliminary hearing. The court held that New York law requires municipal authorities to honor outstanding parole warrants until the state board of parole lifts them, regardless of procedural delays in the state's internal hearing process.

Civil Rights - Section 1983 Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - General (28 USC 2241)
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Feb 25 2025
9th Cir. 3:17-md-02773- Published

Sarah Key; Andrew Westley; Terese Russell; Carra Abernathy v. Qualcomm Incorporated

The Ninth Circuit affirmed the dismissal of state antitrust claims against Qualcomm, holding that California law does not depart from federal precedent regarding the company's licensing policies. However, the court vacated summary judgment on Unfair Competition Law claims because the federal court lacked equitable jurisdiction to award restitution for past conduct.

Civil Intellectual Property Summary Judgment
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Feb 24 2025
9th Cir. 3:23-cr-08027- Published

UNITED STATES OF AMERICA v. PHILIP ALEJANDRO POWERS III

The Ninth Circuit affirmed Philip Powers III's convictions for setting three forest fires, ruling that his necessity defense failed because his actions were objectively unreasonable and he did not face imminent harm at the time of the first fire. The court held that even in a life-threatening situation, a defendant must choose the safest available method to signal for help, and Powers failed to meet this standard.

Criminal Other Criminal
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Feb 20 2025
9th Cir. 6:23-cr-00001- Published

UNITED STATES OF AMERICA v. BRANDON WADE KURNS

The Ninth Circuit affirmed Brandon Wade Kurns's conviction and sentence for being a felon in possession of a firearm. The panel held that photographic evidence and ATF transfer forms sufficiently proved the enhancements applied, and that the district court did not violate the Fifth Amendment by suggesting Kurns could testify to rebut the government's case.

Criminal Firearms Sentencing Guidelines
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Feb 19 2025
9th Cir. 3:21-cr-00024- Published

UNITED STATES OF AMERICA v. GREGORY W. PHEASANT

The Ninth Circuit reversed the district court's dismissal of a criminal charge, holding that the Federal Land Policy and Management Act provides a sufficient intelligible principle to validate the Secretary of the Interior's regulatory authority. The court clarified that statutory mandates for sustainable land management constrain executive discretion enough to satisfy Article I's non-delegation doctrine.

Civil Securities
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Feb 19 2025
2nd Cir. 22-1506 Panel Decision

DR. AHMED DIAA ELDIN ALI HUSSEIN v. DR. MOHAMED AHMED MAAIT

The Second Circuit affirmed the dismissal of a suit against Egypt's Finance Minister, holding that Egypt is the real party in interest and entitled to sovereign immunity under the Foreign Sovereign Immunities Act. The court further ruled that the district court properly exercised its discretion to enlarge the time for removal and that the plaintiff waived arguments regarding FSIA exceptions.

Civil Securities
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Feb 18 2025
9th Cir. 2:23-cv-02093- Published

JOHN DOE, an individual v. GRINDR INC.; GRINDR LLC

The Ninth Circuit affirmed the dismissal of a lawsuit against Grindr, holding that Section 230 of the Communications Decency Act bars state law tort claims against the app for injuries sustained by an underage user. The court further ruled that the plaintiff failed to plausibly allege Grindr was a knowing perpetrator or beneficiary of sex trafficking, precluding relief under the FOSTA statutory exception.

Child Sexual Abuse Material Criminal
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