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Civil

Every decision we've filed under Civil.

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Criminal 1968 Summary Judgment 812 Sentencing Guidelines 723 Civil Rights - Section 1983 653 Immigration (Civil) 649 Constitutional 538 Supervised Release 475 Drug Trafficking 445 Civil Rights - Employment 370 Firearms 323 Qualified Immunity 252 Anders Brief 243
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 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 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 13 2025
9th Cir. 21-1422 Published

EDGAR MURILLO-CHAVEZ v. PAMELA BONDI, Attorney General

The Ninth Circuit affirmed the denial of cancellation of removal for a lawful permanent resident convicted of crimes involving moral turpitude. The court held that the petitioner failed to prove prejudice from ineffective assistance of counsel because his Special Immigrant Juvenile status did not constitute a legal admission, meaning his offenses occurred within the seven-year bar period.

Civil Immigration (Civil)
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Feb 13 2025
9th Cir. 22-1568 Published

Advanced Integrative Medical Science Institute v. United States Drug Enforcement Administration

The Ninth Circuit denied a petition for review challenging the DEA's refusal to exempt a doctor from registration requirements to administer psilocybin under the Right to Try Act. The court held that the DEA's letter was a final agency action and that its denial was not arbitrary or capricious because the agency provided a reasonable explanation for declining to initiate rulemaking.

Civil Immigration (Civil)
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Feb 13 2025
2nd Cir. 22-1377 Panel Decision

Hoffer v. Tellone

The Second Circuit clarified that sanctions for lost electronic evidence under Federal Rule of Civil Procedure 37(e)(2) require a specific finding of intent to deprive the opponent of that information. The court rejected the application of a lesser negligence standard, affirming the district court's denial of an adverse inference instruction in a civil rights excessive force case.

Civil Civil Rights - Section 1983
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Feb 12 2025
9th Cir. 23-1745 Published

Lapadat v. Bondi

The Ninth Circuit granted the Lapadats' petition for review and remanded their asylum case, holding that the Board of Immigration Appeals erred by disregarding credible testimony of past persecution. The panel further ruled that the record compels a finding that the Roma are a disfavored group in Romania.

Civil Immigration (Civil)
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Feb 11 2025
9th Cir. 3:22-cv-00244- Published

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.

Civil Civil Rights - Section 1983 Qualified Immunity Summary Judgment
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