Dec 2 2024
9th Cir. 1:23-cv-00323-DKG Published

LOURDES MATSUMOTO; NORTHWEST ABORTION ACCESS FUND; INDIGENOUS IDAHO ALLIANCE v. RAUL LABRADOR, in his capacity as the Attorney General for the State of Idaho

The Ninth Circuit affirmed a preliminary injunction against Idaho's 'recruiting' prong of its abortion trafficking statute, ruling it unconstitutionally overbroad under the First Amendment. However, the court reversed the injunction regarding the 'harboring' and 'transporting' provisions, finding those terms cover non-expressive conduct unlikely to violate the Constitution.

Nov 25 2024
2nd Cir. 22-978 Panel Decision

Thompson v. Booth

The Second Circuit vacated a default judgment against a corrections officer, ruling that the district court abused its discretion by awarding damages while dismissing identical claims against co-defendants for failure to exhaust administrative remedies. Applying the prohibition on inconsistent judgments, the court held that a plaintiff cannot prevail against a defaulting defendant when the same legal bar precludes the claims against litigating co-defendants.

Nov 8 2024
9th Cir. 2:17-cr-00661- Published

UNITED STATES OF AMERICA v. JULIAN OMIDI

The Ninth Circuit affirmed a nearly $100 million forfeiture judgment against Julian Omidi and his business for a health care fraud scheme. The court rejected the argument that a '100% Fraud Rule' applies, holding that all proceeds derived from the fraud must be forfeited even if some legitimate transactions contributed to those proceeds.

Nov 5 2024
9th Cir. 8:19-cr-00010- Published

UNITED STATES OF AMERICA v. DZUNG AHN PHAM

The Ninth Circuit affirmed the denial of a physician's motion to withdraw his guilty plea, ruling that his admission to knowingly issuing prescriptions outside the usual course of professional practice satisfied the mens rea requirement established in Ruan v. United States. The court held that Pham's explicit acknowledgment that he acted without a legitimate medical purpose inherently proved he knew he was unauthorized under the Controlled Substances Act.

Oct 30 2024
2nd Cir. 23-612 Panel Decision

Ferreira v. Aviles-Ramos

The Second Circuit held that district courts must independently evaluate equitable factors in IDEA reimbursement cases rather than deferring to state administrative agencies. Although the court found the district court initially erred by deferring to the IHO and SRO, it affirmed the judgment because the lower court ultimately conducted its own independent balancing of equities.

Oct 28 2024
9th Cir. 2:17-cr-00055- Published

UNITED STATES OF AMERICA v. DILESH SHARMA

The Ninth Circuit affirmed a federal sentence for child pornography offenses, rejecting a facial due process challenge to two Congressionally directed sentencing enhancements. The court held that enhancements for computer usage and image quantity remain rationally related to legitimate government interests despite changes in technology.

Oct 25 2024
9th Cir. 2:18-cr-00050- Published

UNITED STATES OF AMERICA v. YI-CHI SHIH

The Ninth Circuit affirmed a sentence for a UCLA professor who exported military-grade circuits to China without a license. The court held that export controls listed for national security reasons qualify as such under the Sentencing Guidelines, even if they also satisfy foreign policy treaty obligations.

Oct 24 2024
2nd Cir. 22-1362 Panel Decision

State Farm Mutual Automobile Insurance Co. v. Tri-Borough NY Medical Practice P.C.

The Second Circuit reversed the district court's denial of a preliminary injunction against pending state-court proceedings, holding that an exception to the Anti-Injunction Act applies where federal arbitration claims are at stake and state litigation threatens irreparable harm. Applying the standard for enjoining state court actions under 28 U.S.C. § 2283, the court found State Farm likely to succeed on its claim that the Federal Arbitration Act preempts the state proceedings.