Feb 20 2024
9th Cir. 22-1804 Published

Valley Hospital Medical Center, Inc. v. National Labor Relations Board

The Ninth Circuit enforced the National Labor Relations Board's amended order finding that Valley Hospital committed an unfair labor practice by unilaterally ceasing union dues checkoff after a collective bargaining agreement expired. The court held that the Board was not bound by its prior decision and could change its interpretation of the National Labor Relations Act provided it offered a reasoned explanation for the shift.

Feb 20 2024
9th Cir. 23-137 Published

NATIONAL LABOR RELATIONS BOARD v. VALLEY HEALTH SYSTEM, LLC DBA DESERT SPRINGS HOSPITAL MEDICAL CENTER; VALLEY HOSPITAL MEDICAL CENTER, INC. DBA VALLEY HOSPITAL MEDICAL CENTER

The Ninth Circuit enforced the National Labor Relations Board's order finding that hospitals committed an unfair labor practice by unilaterally stopping union dues checkoff after their collective bargaining agreements expired. The court ruled that the Taft-Hartley Act does not require specific revocability language to be written into employee authorization forms for the deduction to remain valid.

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.

Dec 29 2023
United States Court… 22-7154 Panel Decision

CAMEROON WHITERU v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

The D.C. Circuit certified a critical question of District of Columbia tort law to the D.C. Court of Appeals regarding whether a passenger who involuntarily falls from a platform ledge becomes a trespasser. Because no controlling precedent exists to determine the transit authority's duty of care in this specific scenario, the case is remanded pending the higher court's decision.

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.

Dec 27 2023
9th Cir. 21-456 Published

Rodriguez-Hernandez v. Garland

The Ninth Circuit held that a Washington state harassment conviction categorically qualifies as a crime of violence, barring the petitioner from cancellation of removal and other discretionary relief. The court also affirmed the denial of Convention Against Torture relief due to insufficient evidence of a specific threat of torture upon return to Mexico.

Dec 14 2023
2nd Cir. 22-1076-cv Panel Decision

CompassCare v. Hochul

The Second Circuit vacated the dismissal of three religious organizations' expressive-association claims against New York's reproductive health anti-discrimination law, recognizing that employers may assert associational rights when forced to retain employees who contradict their mission. The Court affirmed the dismissal of free speech and free exercise claims while remanding the case to determine if the plaintiffs plausibly alleged that the law burdens their specific organizational missions.

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.