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May 31 2024
9th Cir. 3:23-cv-01097-CL Published

Betschart v. State of Oregon

The Ninth Circuit affirmed a preliminary injunction requiring Oregon to provide counsel to indigent criminal defendants within seven days of their initial appearance or release them from custody. The court held that the systemic failure to provide counsel constitutes an extraordinary circumstance that overrides the Younger abstention doctrine and justifies federal intervention to protect Sixth Amendment rights.

Constitutional Habeas Corpus - General (28 USC 2241) Preliminary Injunction
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May 15 2024
9th Cir. 21-0319 Published

TOTAL TERMINALS INTERNATIONAL, LLC; SIGNAL MUTUAL INDEMNITY ASSOCIATION, LTD v. DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS; ROBERT TOWER

The Ninth Circuit held that a longshoreman with unilateral hearing loss and bilateral tinnitus is entitled to compensation under the statutory rate for one ear, not the higher rate for bilateral hearing loss. The court also ruled that the Benefits Review Board's remand order was final and appealable because only a ministerial act remained for the Administrative Law Judge to complete.

Civil Labor
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May 14 2024
United States Court… 23-5074 Panel Decision

MOHAMMED JIBRIL v. ALEJANDRO N. MAYORKAS

The D.C. Circuit affirmed the dismissal of the Jibril family's lawsuit, holding they lacked Article III standing to seek prospective injunctive relief. The court ruled that without evidence of current watchlist status or a substantial risk of future injury, the plaintiffs could not demonstrate the concrete injury required for judicial review.

Constitutional Fifth Amendment - Due Process Standing
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May 10 2024
United States Court… 22-3086 Panel Decision

UNITED STATES OF AMERICA v. STEPHEN K. BANNON

The D.C. Circuit affirmed Stephen Bannon's conviction for contempt of Congress, rejecting his argument that the statute requires bad faith or that advice of counsel is a valid defense. The court held that the statutory term 'willfully' is satisfied by a deliberate and intentional refusal to comply with a congressional subpoena, regardless of the defendant's subjective belief in their legal justification.

Criminal Other Criminal
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May 10 2024
United States Court… 22-5150 Panel Decision

Maria Esparraguera v. Department of the Army, et al.

The D.C. Circuit reversed the district court's dismissal of a federal employee's due process claim, holding that career appointees in the Senior Executive Service possess a protected property interest in their tenure after completing their probationary period. The court reasoned that because the Civil Service Reform Act limits removals to specific causes for tenured SES employees, they are entitled to constitutional procedural protections before being removed.

Civil Labor
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Apr 30 2024
United States Court… 22-1101 Panel Decision

Alabama Municipal Distributors Group v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions challenging the Federal Energy Regulatory Commission's certification of the Evangeline Pass Expansion Project, ruling that the agency reasonably applied the National Environmental Policy Act. The court also upheld FERC's decision to deny windfall profit credits to existing pipeline customers who would not use the new capacity.

Administrative / Agency Review Civil
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Apr 26 2024
United States Court… 24-7078 Panel Decision

Walton v. First Merchants Bank

The D.C. Circuit affirmed the district court's sua sponte dismissal of Deborah Walton's complaint, holding that she lacks standing to bring a qui tam action under the False Claims Act. The court further ruled that her retaliation claim fails because she is not an employee or agent of the defendants, and that she forfeited other federal claims by failing to adequately brief them.

Civil Civil Rights - Employment
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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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Apr 23 2024
9th Cir. 9:23-cv-00101- Published

Flathead-Lolo-Bitterroot Citizen Task Force; WildEarth Guardians v. State of Montana; Lesley Robinson; Greg Gianforte

The Ninth Circuit affirmed a preliminary injunction banning wolf trapping in Montana during grizzly bear denning season but vacated the order's geographic scope and prohibition on research trapping. The court held that while plaintiffs raised serious questions regarding unlawful grizzly bear take under the Endangered Species Act, the district court's injunction was overbroad in its application to areas outside the occupied grizzly range and to state research activities.

Civil Civil Rights - Voting
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Apr 19 2024
2nd Cir. 22-2895-pr Panel Decision

JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit...: JOE BALTAS v. DAVID MAIGA, In his Individual and Official Capacities, ROLLIN COOK, In his Individual and Official Capacities, ANGEL QUIROS In his Individual and Official Capacit…

The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.

Civil Rights - PLRA / Prisoner Civil Rights - Section 1983 Criminal Prison Offenses
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