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Civil

Every decision we've filed under Civil.

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Criminal 1440 Summary Judgment 563 Sentencing Guidelines 508 Civil Rights - Section 1983 469 Immigration (Civil) 416 Constitutional 399 Supervised Release 346 Drug Trafficking 317 Firearms 244 Civil Rights - Employment 242 Intellectual Property 184 Qualified Immunity 181
Jul 3 2024
9th Cir. 23-8 Published

DOMINGO MUSQUIZ v. UNITED STATES RAILROAD RETIREMENT BOARD

The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.

Civil Labor
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Jun 28 2024
9th Cir. 23-204 Published

GILBERTO AZAEL LEON PEREZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.

Civil Immigration (Civil)
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Jun 26 2024
United States Court… 24-7028 Panel Decision

Qtaish v. Washington D.C.

The D.C. Circuit affirmed the district court's dismissal of Inez Qtaish's complaint for failing to meet federal pleading standards. The court held that the complaint lacked the required short and plain statement necessary to provide fair notice of the claim and its grounds.

Administrative / Agency Review Civil
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Jun 26 2024
United States Court… 24-5025 Panel Decision

Crum v. United States

The D.C. Circuit dismissed a petition for a writ of mandamus, holding that the All Writs Act does not grant jurisdiction to intervene in a closed case where the appellate court lacks authority to review the underlying state court decisions. The court further affirmed the district court's denial of leave to file new documents, ruling that the lower court did not abuse its discretion in managing its docket.

Administrative / Agency Review Civil
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Jun 25 2024
9th Cir. 22-704 Published

GERSON EDUARDO ALFARO MANZANO v. MERRICK B. GARLAND, Attorney General Nos. 22-704 22-1521

The Ninth Circuit held that an asylum seeker's Jehovah's Witness faith was one central reason for his persecution by Salvadoran gangs, even though the gangs also sought to extort money from him. The court clarified that a protected ground need not be the sole motive to qualify for asylum if it would independently cause the harm.

Civil Immigration (Civil)
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Jun 21 2024
United States Court… 23-1044 Panel Decision

JOHN DOE v. SECURITIES AND EXCHANGE COMMISSION

The D.C. Circuit affirmed the SEC's denial of a whistleblower award to an attorney who reported his own client, holding that the disclosure was not reasonably necessary to serve the client's interests. The court reasoned that because the attorney suspected wrongdoing and intended for the tip to trigger an investigation against his client, the disclosure failed the regulatory requirement that such reports be permitted by applicable state bar rules.

Civil Immigration (Civil) Securities
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Jun 17 2024
9th Cir. 23-459 Published

Tania Lizeth Gonzalez-Lara v. Merrick B. Garland, Attorney General

The Ninth Circuit held that while the Board of Immigration Appeals erred by refusing to remand a case for voluntary departure eligibility following a change in law, the error was harmless because the petitioner failed to prove she met all statutory requirements. The court affirmed the denial of asylum and withholding of removal, finding substantial evidence supported the conclusion that the petitioner's fear of gang violence was speculative.

Civil Immigration (Civil)
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Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of Elmagin's post-trial motions, upholding a jury verdict that found trade secrets existed but were not misappropriated. The court also confirmed that attorneys' fees claims in trade secret cases are matters for the judge, not a jury.

Civil Intellectual Property
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Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of post-trial motions in a trade secret dispute, upholding a jury verdict that found the strategies were trade secrets but not misappropriated. The court also rejected a request for a jury trial on the issue of attorney's fees, ruling that such determinations are matters of law for the judge.

Civil Intellectual Property
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Jun 5 2024
3rd Cir. 2-20-cv-2576 Panel Decision

Elmagin Capital, LLC v. Chen

The Third Circuit affirmed the district court's denial of Elmagin's motions for judgment as a matter of law and a new trial in a trade secret dispute. The appellate court held that the jury's verdict, which found the strategies were trade secrets but not misappropriated, was supported by sufficient evidence.

Civil Intellectual Property
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