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Civil

Every decision we've filed under Civil.

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Criminal 2045 Summary Judgment 853 Sentencing Guidelines 761 Civil Rights - Section 1983 689 Immigration (Civil) 668 Constitutional 557 Supervised Release 495 Drug Trafficking 463 Civil Rights - Employment 389 Firearms 337 Qualified Immunity 264 Anders Brief 253
Aug 16 2024
9th Cir. 5:22-cv-08861- Published

NETCHOICE, LLC, doing business as NetChoice v. ROB BONTA, Attorney General Of The State Of California

The Ninth Circuit affirmed a preliminary injunction blocking California's requirement that online businesses opine on and mitigate risks of children viewing harmful content, ruling it likely violates the First Amendment by compelling speech. However, the court vacated the broader injunction covering other provisions because the record was insufficient to determine if those sections are facially unconstitutional or severable from the invalid mandate.

Civil Civil Rights - Voting
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Aug 15 2024
9th Cir. 22-1910 Published

CLAUDE STEPHEN BENT v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit granted a petition for review and remanded to the Board of Immigration Appeals because the agency mischaracterized a California statute and misapplied equitable tolling standards. The court held that the state court vacated the petitioner's conviction due to a constitutional plea defect, not solely to mitigate immigration consequences.

Civil Immigration (Civil) Sixth Amendment - Ineffective Assistance of Counsel
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Aug 8 2024
United States Court… 23-7167 Panel Decision

Thomas v. Moreland

The D.C. Circuit affirmed the district court's grant of summary judgment in a defamation case, ruling that the appellant's motion for additional discovery was untimely and that the statements were protected by common interest privilege. The court held that the appellant failed to meet the difficult burden of proving actual malice required to overcome that privilege.

Civil Summary Judgment Tort / Personal Injury
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Aug 6 2024
United States Court… 23-7033 Per Curiam

HENRY SEARCY, JR v. DEMAURICE FITZGERALD SMITH

The D.C. Circuit held that Section 301 of the Labor Management Relations Act does not completely preempt a prospective agent's state law claims against the NFLPA, thereby stripping the District Court of federal question jurisdiction. The court remanded the case with instructions to dismiss the claims for lack of subject matter jurisdiction rather than for failure to state a claim.

Civil Labor
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Aug 1 2024
9th Cir. 2:22-cv-00509-SRB Per Curiam

Mi Familia Vota v. Fontes

The United States Court of Appeals for the Ninth Circuit vacated a partial stay order issued by a motions panel, ruling that the district court's injunction barring enforcement of a specific Arizona statute shall remain in effect pending appeal.

Civil Civil Rights - Voting
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Jul 30 2024
United States Court… 23-1064 Panel Decision

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

The D.C. Circuit vacated the Federal Energy Regulatory Commission's approval of a major natural gas pipeline, ruling that the agency arbitrarily overlooked significant environmental consequences and failed to adequately assess market need. The court held that FERC violated the National Environmental Policy Act and the Natural Gas Act by ignoring state mandates to reduce gas consumption and failing to properly balance the project's climate impacts.

Civil Environmental (Civil)
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Jul 30 2024
9th Cir. 21-1228 Published

EDGAR G.C v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of withholding of removal and Convention Against Torture relief for an immigrant with a history of childhood abuse. The court held that the petitioner's assault conviction constituted a particularly serious crime and that substantial evidence supported the agency's finding that he was not more likely than not to face future torture in Mexico.

Civil Immigration (Civil)
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Jul 30 2024
United States Court… 21-7127 Panel Decision

Exxon Mobil Corporation v. Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A. (Panama), and Unión Cuba-Petróleo

The D.C. Circuit held that the Cuban Liberty and Democratic Solidarity Act does not independently strip foreign sovereigns of immunity, leaving the Foreign Sovereign Immunities Act as the exclusive basis for jurisdiction. The court vacated the district court's ruling and remanded for further fact-finding on whether the defendants' current commercial operations in the United States satisfy the FSIA's commercial-activity exception.

Civil Consumer Protection
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Jul 26 2024
United States Court… 22-1335 Panel Decision

ENTERGY ARKANSAS, LLC v. FEDERAL ENERGY REGULATORY COMMISSION ARKANSAS PUBLIC SERVICE COMMISSION, ET AL Consolidated with 23-1111

The D.C. Circuit denied Entergy's petitions for review of the Federal Energy Regulatory Commission's approval of revised capacity market rules for the Midcontinent Independent System Operator. The court held that FERC provided a reasoned explanation for its decisions, satisfying the arbitrary and capricious standard of review.

Administrative / Agency Review Civil
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Jul 25 2024
3rd Cir. 23-1620 Panel Decision

HAROLD R. BERK v. WILSON C. CHOY, MD; BEEBE MEDICAL CENTER, INC.; ENCOMPASS HEALTH REHABILITATION HOSPITAL OF MIDDLETOWN, LLC

The Third Circuit affirmed the dismissal of a medical malpractice suit because the plaintiff failed to file a required affidavit of merit under Delaware law. The court held that this state statute is substantive under the Erie doctrine and does not conflict with the Federal Rules of Civil Procedure.

Civil Insurance
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