2013 Ninth Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 4040
Date: October 2, 2013
Citation: 2013 US App (9th) 5857
Docket Number: 09-70636
Date: October 2, 2013
Citation: 2013 US App (9th) 5858
Docket Number: 10-72614
Date: October 2, 2013
Citation: 2013 US App (9th) 5859
Docket Number: 11-16987
Date: October 2, 2013
Citation: 2013 US App (9th) 5860
Docket Number: 11-17684
Date: October 2, 2013
Citation: 2013 US App (9th) 5861
Docket Number: 11-30356
Date: October 2, 2013
Citation: 2013 US App (9th) 5862
Docket Number: 11-50491
Date: October 2, 2013
Citation: 2013 US App (9th) 5863
Docket Number: 11-55364
Date: October 2, 2013
Citation: 2013 US App (9th) 5864
Docket Number: 11-55780
Date: October 2, 2013
Citation: 2013 US App (9th) 5865
Docket Number: 11-71513
Date: October 2, 2013
Citation: 2013 US App (9th) 5866
Docket Number: 11-73956
Date: October 2, 2013
Citation: 2013 US App (9th) 5867
Docket Number: 12-10484
Date: October 2, 2013
Citation: 2013 US App (9th) 5868
Docket Number: 12-10508
Date: October 2, 2013
Citation: 2013 US App (9th) 5869
Docket Number: 12-10555
Date: October 2, 2013
Citation: 2013 US App (9th) 5870
Docket Number: 12-10567
Date: October 2, 2013
Citation: 2013 US App (9th) 5871
Docket Number: 12-10634
Date: October 2, 2013
Citation: 2013 US App (9th) 5872
Docket Number: 12-30165
Date: October 2, 2013
Citation: 2013 US App (9th) 5874
Docket Number: 12-30258
Date: October 2, 2013
Citation: 2013 US App (9th) 5876
Docket Number: 12-30396
Date: October 2, 2013
Citation: 2013 US App (9th) 5877
Docket Number: 12-35032
Date: October 2, 2013
Citation: 2013 US App (9th) 5878
Docket Number: 12-35745
Date: October 2, 2013
Citation: 2013 US App (9th) 5879
Docket Number: 12-50112
Date: October 2, 2013
Citation: 2013 US App (9th) 5882
Docket Number: 12-50295
Date: October 2, 2013
Citation: 2013 US App (9th) 5883
Docket Number: 12-50333
Date: October 2, 2013
Citation: 2013 US App (9th) 5884
Docket Number: 12-50424
Date: October 2, 2013
Citation: 2013 US App (9th) 5886
Docket Number: 12-50559
Date: October 2, 2013
Citation: 2013 US App (9th) 5887
Docket Number: 12-56379
Date: October 2, 2013
Citation: 2013 US App (9th) 5888
Docket Number: 12-70223
Date: October 2, 2013
Citation: 2013 US App (9th) 5889
Docket Number: 12-70736
Date: October 2, 2013
Citation: 2013 US App (9th) 5890
Docket Number: 12-71227
Date: October 2, 2013
Citation: 2013 US App (9th) 5891
Docket Number: 12-71815
Date: October 2, 2013
Citation: 2013 US App (9th) 5892
Docket Number: 13-56009
Date: October 1, 2013
Citation: 2013 US App (9th) 5704
Docket Number: 08-74319
Date: October 1, 2013
Citation: 2013 US App (9th) 5705
Docket Number: 09-71032
Date: October 1, 2013
Citation: 2013 US App (9th) 5706
Docket Number: 10-10613
Justia Opinion Summary: Defendant appealed his sentence and convictions for criminal copyright infringement and trafficking in counterfeit labels. The court held that the term "willfully" required the government to prove that a defendant knew…
Date: October 1, 2013
Citation: 2013 US App (9th) 5707
Docket Number: 11-10482
Date: October 1, 2013
Citation: 2013 US App (9th) 5708
Docket Number: 11-17455
Date: October 1, 2013
Citation: 2013 US App (9th) 5709
Docket Number: 11-30346
Justia Opinion Summary: The government appealed the district court's dismissal of an indictment charging defendant of possession of a firearm as a misdemeanant under 18 U.S.C. 922(g)(9) because defendant was not provided with appointed counsel.…
Date: October 1, 2013
Citation: 2013 US App (9th) 5710
Docket Number: 11-70971
Date: October 1, 2013
Citation: 2013 US App (9th) 5711
Docket Number: 11-71617
Date: October 1, 2013
Citation: 2013 US App (9th) 5712
Docket Number: 11-71804
Date: October 1, 2013
Citation: 2013 US App (9th) 5713
Docket Number: 11-72357
Date: October 1, 2013
Citation: 2013 US App (9th) 5714
Docket Number: 11-72391
Date: October 1, 2013
Citation: 2013 US App (9th) 5715
Docket Number: 11-72549
Date: October 1, 2013
Citation: 2013 US App (9th) 5716
Docket Number: 12-10067
Justia Opinion Summary: Defendant appealed his sentence and conviction for possessing child pornography. The court held that the 2005 search of his computer at a CompUSA store was lawful because the police officers who conducted it did not…
Date: October 1, 2013
Citation: 2013 US App (9th) 5717
Docket Number: 12-10534
Justia Opinion Summary: Defendant appealed her conviction for operating a motor vehicle while under the influence of alcohol; operating a motor vehicle with a blood alcohol content over 0.08 percent; and failure to maintain control of a…
Date: October 1, 2013
Citation: 2013 US App (9th) 5718
Docket Number: 12-55703
Date: October 1, 2013
Citation: 2013 US App (9th) 5719
Docket Number: 12-70749
Date: October 1, 2013
Citation: 2013 US App (9th) 5720
Docket Number: 12-70872
Date: October 1, 2013
Citation: 2013 US App (9th) 5721
Docket Number: 12-70988
Date: October 1, 2013
Citation: 2013 US App (9th) 5722
Docket Number: 12-71565
Date: October 1, 2013
Citation: 2013 US App (9th) 5723
Docket Number: 12-71797
Date: October 1, 2013
Citation: 2013 US App (9th) 5724
Docket Number: 12-72214
Date: October 1, 2013
Citation: 2013 US App (9th) 5725
Docket Number: 12-72216
Date: October 1, 2013
Citation: 2013 US App (9th) 5726
Docket Number: 12-72260
Date: October 1, 2013
Citation: 2013 US App (9th) 5727
Docket Number: 12-72418
Date: October 1, 2013
Citation: 2013 US App (9th) 5728
Docket Number: 12-72548
Date: October 1, 2013
Citation: 2013 US App (9th) 5729
Docket Number: 12-73369
Date: September 30, 2013
Citation: 2013 US App (9th) 5378
Docket Number: 08-72020
Date: September 30, 2013
Citation: 2013 US App (9th) 5379
Docket Number: 09-72559
Date: September 30, 2013
Citation: 2013 US App (9th) 5380
Docket Number: 10-17450
Date: September 30, 2013
Citation: 2013 US App (9th) 5381
Docket Number: 10-71340
Date: September 30, 2013
Citation: 2013 US App (9th) 5382
Docket Number: 10-71443
Date: September 30, 2013
Citation: 2013 US App (9th) 5383
Docket Number: 10-72097
Date: September 30, 2013
Citation: 2013 US App (9th) 5384
Docket Number: 11-15414
Date: September 30, 2013
Citation: 2013 US App (9th) 5385
Docket Number: 11-50294
Justia Opinion Summary: Defendant was convicted of conspiracy to commit securities fraud and two counts of securities fraud by use of manipulative and deceptive devices. On appeal, defendant challenged his sentence of 36 years' supervised…
Date: September 30, 2013
Citation: 2013 US App (9th) 5386
Docket Number: 11-57249
Date: September 30, 2013
Citation: 2013 US App (9th) 5387
Docket Number: 11-71133
Date: September 30, 2013
Citation: 2013 US App (9th) 5388
Docket Number: 11-72176
Date: September 30, 2013
Citation: 2013 US App (9th) 5389
Docket Number: 11-72638
Date: September 30, 2013
Citation: 2013 US App (9th) 5390
Docket Number: 11-72642
Date: September 30, 2013
Citation: 2013 US App (9th) 5391
Docket Number: 11-72873
Date: September 30, 2013
Citation: 2013 US App (9th) 5392
Docket Number: 11-72990
Date: September 30, 2013
Citation: 2013 US App (9th) 5393
Docket Number: 11-73020
Date: September 30, 2013
Citation: 2013 US App (9th) 5394
Docket Number: 12-10379
Date: September 30, 2013
Citation: 2013 US App (9th) 5395
Docket Number: 12-10414
Date: September 30, 2013
Citation: 2013 US App (9th) 5396
Docket Number: 12-10442
Date: September 30, 2013
Citation: 2013 US App (9th) 5397
Docket Number: 12-10479
Date: September 30, 2013
Citation: 2013 US App (9th) 5398
Docket Number: 12-30312
Date: September 30, 2013
Citation: 2013 US App (9th) 5399
Docket Number: 12-35074
Justia Opinion Summary: Plaintiff first applied for social security disability insurance (SSI) benefits ten years ago. When the benefits were denied, plaintiff requested a hearing but the SSA ruled that her request was untimely and denied a…
Date: September 30, 2013
Citation: 2013 US App (9th) 5400
Docket Number: 12-36068
Date: September 30, 2013
Citation: 2013 US App (9th) 5401
Docket Number: 12-70254
Date: September 30, 2013
Citation: 2013 US App (9th) 5402
Docket Number: 12-70258
Date: September 30, 2013
Citation: 2013 US App (9th) 5403
Docket Number: 12-70288
Date: September 30, 2013
Citation: 2013 US App (9th) 5404
Docket Number: 12-70343
Date: September 30, 2013
Citation: 2013 US App (9th) 5405
Docket Number: 12-70355
Date: September 30, 2013
Citation: 2013 US App (9th) 5406
Docket Number: 12-70364
Date: September 30, 2013
Citation: 2013 US App (9th) 5407
Docket Number: 12-70526
Date: September 30, 2013
Citation: 2013 US App (9th) 5408
Docket Number: 12-70595
Date: September 30, 2013
Citation: 2013 US App (9th) 5409
Docket Number: 12-70673
Date: September 30, 2013
Citation: 2013 US App (9th) 5410
Docket Number: 12-71903
Date: September 30, 2013
Citation: 2013 US App (9th) 5411
Docket Number: 12-72042
Date: September 30, 2013
Citation: 2013 US App (9th) 5412
Docket Number: 12-72128
Date: September 30, 2013
Citation: 2013 US App (9th) 5413
Docket Number: 12-72518
Date: September 30, 2013
Citation: 2013 US App (9th) 5414
Docket Number: 12-73961
Date: September 27, 2013
Citation: 2013 US App (9th) 4369
Docket Number: 06-74629
Date: September 27, 2013
Citation: 2013 US App (9th) 4370
Docket Number: 09-70916
Date: September 27, 2013
Citation: 2013 US App (9th) 4371
Docket Number: 10-73317
Date: September 27, 2013
Citation: 2013 US App (9th) 4372
Docket Number: 11-16538
Date: September 27, 2013
Citation: 2013 US App (9th) 4373
Docket Number: 11-55653
Justia Opinion Summary: Plaintiffs filed a class action on behalf of themselves and other similarly situated, alleging that USSA committed numerous violations of California labor laws, including, inter alia, requiring them to work through their…
Date: September 27, 2013
Citation: 2013 US App (9th) 4374
Docket Number: 11-72208
Date: September 27, 2013
Citation: 2013 US App (9th) 4375
Docket Number: 11-73180
Date: September 27, 2013
Citation: 2013 US App (9th) 4376
Docket Number: 11-73218
Date: September 27, 2013
Citation: 2013 US App (9th) 4377
Docket Number: 11-73504
Date: September 27, 2013
Citation: 2013 US App (9th) 4378
Docket Number: 11-73962
Date: September 27, 2013
Citation: 2013 US App (9th) 4379
Docket Number: 11-74024
Date: September 27, 2013
Citation: 2013 US App (9th) 4380
Docket Number: 12-70220
Date: September 27, 2013
Citation: 2013 US App (9th) 4381
Docket Number: 12-70232
Date: September 27, 2013
Citation: 2013 US App (9th) 4382
Docket Number: 12-70241
Date: September 27, 2013
Citation: 2013 US App (9th) 4383
Docket Number: 12-70263
Date: September 27, 2013
Citation: 2013 US App (9th) 4384
Docket Number: 12-70319
Date: September 27, 2013
Citation: 2013 US App (9th) 4385
Docket Number: 12-70447
Date: September 27, 2013
Citation: 2013 US App (9th) 4386
Docket Number: 12-70623
Date: September 27, 2013
Citation: 2013 US App (9th) 4387
Docket Number: 12-72295
Date: September 27, 2013
Citation: 2013 US App (9th) 4388
Docket Number: 12-73105
Date: September 27, 2013
Citation: 2013 US App (9th) 4389
Docket Number: 13-35195
Date: September 26, 2013
Citation: 2013 US App (9th) 4159
Docket Number: 08-71632
Date: September 26, 2013
Citation: 2013 US App (9th) 4160
Docket Number: 09-70971
Date: September 26, 2013
Citation: 2013 US App (9th) 4161
Docket Number: 09-73013
Date: September 26, 2013
Citation: 2013 US App (9th) 4162
Docket Number: 10-71998
Date: September 26, 2013
Citation: 2013 US App (9th) 4163
Docket Number: 10-72587
Date: September 26, 2013
Citation: 2013 US App (9th) 4164
Docket Number: 11-70236
Date: September 26, 2013
Citation: 2013 US App (9th) 4165
Docket Number: 11-72024
Date: September 26, 2013
Citation: 2013 US App (9th) 4166
Docket Number: 11-72030
Date: September 26, 2013
Citation: 2013 US App (9th) 4167
Docket Number: 11-72071
Date: September 26, 2013
Citation: 2013 US App (9th) 4168
Docket Number: 11-72502
Date: September 26, 2013
Citation: 2013 US App (9th) 4169
Docket Number: 11-72563
Date: September 26, 2013
Citation: 2013 US App (9th) 4170
Docket Number: 11-72722
Date: September 26, 2013
Citation: 2013 US App (9th) 4171
Docket Number: 11-72971
Date: September 26, 2013
Citation: 2013 US App (9th) 4172
Docket Number: 12-10423
Date: September 26, 2013
Citation: 2013 US App (9th) 4173
Docket Number: 12-10621
Date: September 26, 2013
Citation: 2013 US App (9th) 4174
Docket Number: 12-35197
Date: September 26, 2013
Citation: 2013 US App (9th) 4175
Docket Number: 12-55423
Date: September 26, 2013
Citation: 2013 US App (9th) 4176
Docket Number: 12-56319
Date: September 26, 2013
Citation: 2013 US App (9th) 4177
Docket Number: 12-70145
Date: September 26, 2013
Citation: 2013 US App (9th) 4178
Docket Number: 12-70590
Date: September 26, 2013
Citation: 2013 US App (9th) 4179
Docket Number: 12-70685
Date: September 26, 2013
Citation: 2013 US App (9th) 4180
Docket Number: 12-70851
Date: September 26, 2013
Citation: 2013 US App (9th) 4181
Docket Number: 12-71539
Date: September 26, 2013
Citation: 2013 US App (9th) 4182
Docket Number: 12-71783
Date: September 26, 2013
Citation: 2013 US App (9th) 4183
Docket Number: 12-72716
Date: September 26, 2013
Citation: 2013 US App (9th) 4184
Docket Number: 12-72930
Date: September 26, 2013
Citation: 2013 US App (9th) 4185
Docket Number: 13-73267
Justia Opinion Summary: Stake Center petitioned for a writ of mandamus reversing the district court's denial of its motion for forfeiture under The Crime Victims' Rights Act (CVRA), 18 U.S.C. 3771. Stake Center moved the district court to…
Date: September 25, 2013
Citation: 2013 US App (9th) 4101
Docket Number: 11-56620
Justia Opinion Summary: Petitioner appealed the district court's denial of his 28 U.S.C. 2254 habeas corpus petition challenging his sentence for committing lewd and lascivious acts with force against a child. The court concluded that…
Date: September 25, 2013
Citation: 2013 US App (9th) 4102
Docket Number: 11-72297
Date: September 25, 2013
Citation: 2013 US App (9th) 4103
Docket Number: 12-10361
Date: September 25, 2013
Citation: 2013 US App (9th) 4104
Docket Number: 12-56298
Justia Opinion Summary: Plaintiffs, the crew of an Ecuadorian fishing boat, filed suit against the United States, alleging that the United States harmed plaintiffs and their property when the Coast Guard boarded the boat in search of drugs. The…
Date: September 24, 2013
Citation: 2013 US App (9th) 3915
Docket Number: 09-71090
Date: September 24, 2013
Citation: 2013 US App (9th) 3916
Docket Number: 09-73925
Date: September 24, 2013
Citation: 2013 US App (9th) 3917
Docket Number: 10-17203
Justia Opinion Summary: The district court denied habeas corpus relief under 28 U.S.C. 2254 to petitioner but issued a certificate of appealability (COA) on five issues. The district court then appointed appellate counsel under the Criminal…
Date: September 24, 2013
Citation: 2013 US App (9th) 3918
Docket Number: 11-17489
Justia Opinion Summary: Plaintiff filed suit under the Quiet Title Act (QTA), 28 U.S.C. 2409a; Administrative Procedure Act (APA), 5 U.S.C. 500 et seq.; and Declaratory Judgment Act (DJA), 28 U.S.C. 2201-02, seeking to quiet fee-simple title to…
Date: September 24, 2013
Citation: 2013 US App (9th) 3919
Docket Number: 11-17947
Justia Opinion Summary: Plaintiff, a former Arizona state prisoner, filed suit against defendants, alleging that they violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, and the Rehabilitation Act of 1973 (RA), 29 U.S.C.…
Date: September 24, 2013
Citation: 2013 US App (9th) 3920
Docket Number: 12-10186
Date: September 24, 2013
Citation: 2013 US App (9th) 3921
Docket Number: 12-10384
Date: September 24, 2013
Citation: 2013 US App (9th) 3922
Docket Number: 12-10434
Date: September 24, 2013
Citation: 2013 US App (9th) 3923
Docket Number: 12-10600
Date: September 24, 2013
Citation: 2013 US App (9th) 3924
Docket Number: 12-16072
Date: September 24, 2013
Citation: 2013 US App (9th) 3925
Docket Number: 12-35404
Justia Opinion Summary: After plaintiff was criminally charged, plaintiff filed a civil action against United Airlines in state court, alleging that its personnel falsified police reports, falsely diagnosed an epileptic seizure, and threatened…
Date: September 24, 2013
Citation: 2013 US App (9th) 3926
Docket Number: 12-71006
Date: September 24, 2013
Citation: 2013 US App (9th) 3927
Docket Number: 13-56306
Date: September 24, 2013
Citation: 2013 US App (9th) 3928
Docket Number: 13-56310
Justia Opinion Summary: This case was one of twenty-six pending before the district court alleging injuries related to the ingestion of propoxyphene, an ingredient found in the Darvocet and Darvon pain medications, as well as their generic…
Date: September 23, 2013
Citation: 2013 US App (9th) 3726
Docket Numbers: 11-35158, 11-35479, 11-35535
Justia Opinion Summary: Plaintiff, guardian to Madlyn Liebsack, filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., after Madlyn was left in a permanent vegetative state when she was treated with an elevated level of…
Date: September 23, 2013
Citation: 2013 US App (9th) 3727
Docket Number: 12-35652
Justia Opinion Summary: After the Department denied Memorial's application for a Certificate of Need to perform elective percutaneous coronary interventions (PCIs), Memorial filed suit alleging that the PCI regulations were an unreasonable…
Date: September 23, 2013
Citation: 2013 US App (9th) 3728
Docket Number: 12-50162
Date: September 23, 2013
Citation: 2013 US App (9th) 3729
Docket Number: 12-55860
Justia Opinion Summary: Petitioner, convicted of murdering his wife, petitioned for federal habeas corpus relief, claiming that his constitutional right to adequate notice of the nature of the charges against him was violated when the trial…
Date: September 23, 2013
Citation: 2013 US App (9th) 3730
Docket Number: 12-56480
Date: September 23, 2013
Citation: 2013 US App (9th) 3731
Docket Number: 13-56009
Date: September 20, 2013
Citation: 2013 US App (9th) 3387
Docket Number: 10-10618
Justia Opinion Summary: Defendant pled guilty to illegally entering the United States during an "Operation Streamline" proceeding. The court concluded that, although the district court did not err by advising defendants of their rights en…
Date: September 20, 2013
Citation: 2013 US App (9th) 3388
Docket Numbers: 11-55460, 11-55461
Justia Opinion Summary: At issue in this case was the City's enactment of an ordinance which had the practical effect of prohibiting new group homes - i.e., homes in which recovering alcoholics and drug users live communally and mutually…
Date: September 20, 2013
Citation: 2013 US App (9th) 3389
Docket Number: 11-56721
Date: September 20, 2013
Citation: 2013 US App (9th) 3390
Docket Number: 12-10173
Date: September 20, 2013
Citation: 2013 US App (9th) 3391
Docket Number: 12-70740
Justia Opinion Summary: Petitioner, a welder who injured his back in 2003, petitioned for review of the Benefits Review Board's affirmance of an ALJ's finding that petitioner's pay increases after the date of injury were reflective of his…
Date: September 19, 2013
Citation: 2013 US App (9th) 3320
Docket Number: 10-70633
Date: September 19, 2013
Citation: 2013 US App (9th) 3321
Docket Number: 11-16333
Date: September 19, 2013
Citation: 2013 US App (9th) 3322
Docket Number: 11-17270
Date: September 19, 2013
Citation: 2013 US App (9th) 3323
Docket Numbers: 11-17391, 11-17496
Justia Opinion Summary: This appeal stemmed from the City's offering of municipal bonds to finance the development of a cable and Internet system. Nuveen subsequently brought federal and state securities claims against the City, alleging that…
Date: September 19, 2013
Citation: 2013 US App (9th) 3324
Docket Number: 12-10444
Date: September 19, 2013
Citation: 2013 US App (9th) 3325
Docket Number: 12-30324
Justia Opinion Summary: Defendant appealed the jury verdict finding him guilty of sexual exploitation of a child in violation of 18 U.S.C. 2251(a) and knowingly receiving child pornography in violation of 18 U.S.C. 2252A(a)(2). The court…
Date: September 18, 2013
Citation: 2013 US App (9th) 3287
Docket Number: 09-71185
Justia Opinion Summary: Petitioner, a native of Armenia, sought review of the BIA's order affirming the IJ's decision declaring her asylum application frivolous. The BIA affirmed the IJ's determination that petitioner knowingly filed a…
Date: September 18, 2013
Citation: 2013 US App (9th) 3288
Docket Number: 09-71461
Justia Opinion Summary: Petitioner, a native and citizen of Guatemala, petitioned for review of the denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that…
Date: September 18, 2013
Citation: 2013 US App (9th) 3289
Docket Number: 10-72104
Justia Opinion Summary: NRIC challenged the Sixth Northwest Power Plan (the Plan) that the Council adopted in May 2010. NRIC argued that the Plan failed to give due consideration for protection, mitigation, and enhancement of fish and wildlife…
Date: September 18, 2013
Citation: 2013 US App (9th) 3290
Docket Number: 11-17763
Justia Opinion Summary: I-TAP, an approved apprenticeship program for Federal purposes, but not recognized by California as a state-approved apprenticeship program, filed suit seeking declaratory and injunctive relief on the ground that the…
Date: September 18, 2013
Citation: 2013 US App (9th) 3291
Docket Number: 11-17904
Date: September 18, 2013
Citation: 2013 US App (9th) 3292
Docket Number: 11-30311
Justia Opinion Summary: Defendant was charged with production, distribution, receipt, and possession of child pornography. Law enforcement officers found 3,400 electronic images and 632 electronic videos of commercial child pornography pursuant…
Date: September 18, 2013
Citation: 2013 US App (9th) 3293
Docket Number: 11-56924
Justia Opinion Summary: This case involved the forfeiture of $671,170 in currency seized from a vehicle rented by claimant, a Canadian citizen. Claimant appealed the district court's dismissal of his verified claim and answer, and the resulting…
Date: September 18, 2013
Citation: 2013 US App (9th) 3294
Docket Numbers: 11-57168, 12-55180
Justia Opinion Summary: Rock River, a producer, seller, and distributor of music records, filed suit against UMG, alleging that UMG inappropriately blocked Rock River from distributing its album of Bob Marley and the Wailers remixes by…
Date: September 18, 2013
Citation: 2013 US App (9th) 3295
Docket Numbers: 12-15131, 12-15135
Justia Opinion Summary: Rocky Mountain and American Fuels filed two separate actions against CARB, contending that the Low Carbon Fuel Standard, Cal. Code Regs. tit. 17, 95480-90, violated the dormant Commerce Clause and was preempted by…
Date: September 18, 2013
Citation: 2013 US App (9th) 3296
Docket Number: 12-35249
Date: September 17, 2013
Citation: 2013 US App (9th) 3231
Docket Number: 09-56079
Justia Opinion Summary: Petitioner, along with one of his accomplices, was found guilty of murder. After petitioner's petition for a writ of habeas corpus was denied, the court granted a certificate of appealability to the issue of whether the…
Date: September 17, 2013
Citation: 2013 US App (9th) 3232
Docket Number: 09-70089
Date: September 17, 2013
Docket Number: 10-17574
Date: September 17, 2013
Citation: 2013 US App (9th) 3233
Docket Number: 11-10667
Date: September 17, 2013
Citation: 2013 US App (9th) 3234
Docket Number: 11-50498
Justia Opinion Summary: On interlocutory appeal, the government challenged the district court's grant of reconsideration and suppression of evidence found at an apartment defendant had entered several times in recent days before the search. At…
Date: September 17, 2013
Citation: 2013 US App (9th) 3235
Docket Number: 11-55780
Date: September 17, 2013
Citation: 2013 US App (9th) 3236
Docket Number: 12-30199
Date: September 17, 2013
Citation: 2013 US App (9th) 3237
Docket Number: 12-55145
Date: September 16, 2013
Citation: 2013 US App (9th) 3175
Docket Number: 09-99018
Justia Opinion Summary: Petitioner, sentenced to death on each of two counts of first-degree murder, appealed the district court's denial of his 28 U.S.C. 2254 habeas corpus petition. On appeal, petitioner raised claims regarding the trial…
Date: September 16, 2013
Citation: 2013 US App (9th) 3176
Docket Number: 10-35045
Date: September 16, 2013
Citation: 2013 US App (9th) 3177
Docket Number: 10-56118
Justia Opinion Summary: The Warden appealed the denial of his motion to dismiss petitioner's petition for a writ of habeas corpus. In this instance, petitioner filed his federal petition well over one year after his conviction became final.…
Date: September 16, 2013
Citation: 2013 US App (9th) 3178
Docket Number: 11-55171
Date: September 16, 2013
Citation: 2013 US App (9th) 3179
Docket Number: 11-56325
Justia Opinion Summary: Plaintiff is a former prison gang member and police informant. Defendants are producers of the documentary television series, "Gangland." Plaintiff filed suit for various claims alleging that defendants' failure to…
Date: September 16, 2013
Citation: 2013 US App (9th) 3181
Docket Number: 12-30006
Date: September 16, 2013
Citation: 2013 US App (9th) 3182
Docket Number: 12-30218
Justia Opinion Summary: Defendant pled guilty to two counts of possessing child pornography. On appeal, defendant challenged his 240-month concurrent sentences. The court vacated and remanded for resentencing where the district court erred in…
Date: September 13, 2013
Citation: 2013 US App (9th) 3009
Docket Number: 09-71926
Date: September 13, 2013
Citation: 2013 US App (9th) 3010
Docket Number: 10-72849
Date: September 13, 2013
Citation: 2013 US App (9th) 3011
Docket Number: 11-10669
Justia Opinion Summary: Barry Bonds's conviction of obstruction of justice, in violation of 18 U.S.C. 1503, arose from Bonds's testimony before a grand jury investigation regarding whether the proceeds of the sales of performance enhancing…
Date: September 13, 2013
Citation: 2013 US App (9th) 3012
Docket Number: 11-50114
Date: September 13, 2013
Citation: 2013 US App (9th) 3013
Docket Number: 11-71788
Justia Opinion Summary: Petitioner, born in Mexico, appealed the denial of her request for withholding of removal under the Convention Against Torture (CAT). The court issued the opinion to clarify that DHS could seek to terminate a prior grant…
Date: September 13, 2013
Citation: 2013 US App (9th) 3014
Docket Number: 12-30287
Date: September 13, 2013
Citation: 2013 US App (9th) 3015
Docket Number: 12-35061
Date: September 13, 2013
Citation: 2013 US App (9th) 3016
Docket Number: 12-50326
Date: September 12, 2013
Citation: 2013 US App (9th) 2986
Docket Number: 07-99025
Justia Opinion Summary: Petitioner, convicted of first degree murder and sentenced to death, appealed the denial of his petitions for post-conviction relief based on ineffective assistance of counsel. The court concluded that most of the new…
Date: September 12, 2013
Citation: 2013 US App (9th) 2987
Docket Number: 11-17454
Justia Opinion Summary: This case arose out of the handcuffing and removal from school of then eleven-year-old C.B. by Sonora Police officers. The district court rendered a verdict ostensibly in favor of defendants, but the district court…
Date: September 12, 2013
Citation: 2013 US App (9th) 2988
Docket Number: 11-50551
Justia Opinion Summary: The government appealed the district court's order granting defendant's motion to suppress and the order denying the government's motion for reconsideration. Defendant had given a border patrol agent permission to "look…
Date: September 12, 2013
Citation: 2013 US App (9th) 2989
Docket Number: 12-35341
Date: September 12, 2013
Citation: 2013 US App (9th) 2990
Docket Number: 12-35380
Date: September 11, 2013
Citation: 2013 US App (9th) 2952
Docket Number: 09-70964
Date: September 11, 2013
Citation: 2013 US App (9th) 2953
Docket Number: 10-35303
Justia Opinion Summary: The Conservancy alleged that the United States was improperly diverting water from Icicle Creek, a tributary of the Wenatchee River, to the Leavenworth National Fish Hatchery and otherwise violating Washington state law.…
Date: September 11, 2013
Citation: 2013 US App (9th) 2954
Docket Number: 10-71374
Date: September 11, 2013
Citation: 2013 US App (9th) 2955
Docket Number: 11-56672
Date: September 11, 2013
Citation: 2013 US App (9th) 2956
Docket Number: 11-71471
Date: September 11, 2013
Citation: 2013 US App (9th) 2957
Docket Number: 12-35322
Date: September 10, 2013
Citation: 2013 US App (9th) 2958
Docket Number: 10-16845
Justia Opinion Summary: After plaintiff was disciplined for serving process on defendant, a prison official, plaintiff filed suit under 42 U.S.C. 1983 alleging unconstitutional retaliation. On appeal, plaintiff challenged the district court's…
Date: September 10, 2013
Citation: 2013 US App (9th) 2959
Docket Number: 10-56104
Justia Opinion Summary: Petitioner, convicted of second degree burglary, challenged the district court's dismissal of his petition for a writ of habeas corpus on the ground that it was untimely. The court held, however, that petitioner was…
Date: September 10, 2013
Citation: 2013 US App (9th) 2960
Docket Number: 10-70815
Date: September 10, 2013
Citation: 2013 US App (9th) 2961
Docket Number: 10-73666
Date: September 10, 2013
Citation: 2013 US App (9th) 2962
Docket Numbers: 11-17021, 11-17025
Justia Opinion Summary: The SEC brought a civil enforcement action against numerous defendants allegedly involved in a scheme to sell unregistered securities of CMKM. The district court granted summary judgment in favor of the SEC, ruling that…
Date: September 10, 2013
Citation: 2013 US App (9th) 2963
Docket Number: 11-17483
Justia Opinion Summary: Plaintiffs filed suit against Google under the Wiretap Act, 18 U.S.C. 2511, after the antennas and software installed in Google's Street View cars collected basic identifying information transmitted by Wi-Fi networks, as…
Date: September 10, 2013
Citation: 2013 US App (9th) 2964
Docket Number: 11-55380
Date: September 10, 2013
Citation: 2013 US App (9th) 2965
Docket Number: 11-60065
Justia Opinion Summary: This case concerned the California Franchise Tax Board's wish to assess $13 million in unpaid income taxes on the individual partners of a general partnership that owned the property at issue, the Wilshire Courtyard. At…
Date: September 10, 2013
Citation: 2013 US App (9th) 2966
Docket Number: 12-30129
Date: September 10, 2013
Citation: 2013 US App (9th) 2967
Docket Number: 12-30261
Date: September 10, 2013
Citation: 2013 US App (9th) 2968
Docket Number: 12-30330
Date: September 10, 2013
Citation: 2013 US App (9th) 2969
Docket Number: 12-30400
Date: September 10, 2013
Citation: 2013 US App (9th) 2970
Docket Number: 12-50160
Date: September 10, 2013
Citation: 2013 US App (9th) 2971
Docket Number: 12-55166
Date: September 10, 2013
Citation: 2013 US App (9th) 2973
Docket Number: 12-60053
Date: September 10, 2013
Citation: 2013 US App (9th) 2974
Docket Number: 12-70895
Date: September 10, 2013
Citation: 2013 US App (9th) 2975
Docket Number: 13-15251
Date: September 10, 2013
Citation: 2013 US App (9th) 2976
Docket Number: 13-35573
Date: September 9, 2013
Citation: 2013 US App (9th) 2977
Docket Number: 09-72452
Date: September 9, 2013
Citation: 2013 US App (9th) 2978
Docket Numbers: 11-10425, 11-10476
Justia Opinion Summary: Defendants Bonilla and Calixtro appealed their convictions and sentences stemming from charges related to their involvement in a plan to hold an illegal alien hostage until he paid defendants certain sums of money. The…
Date: September 9, 2013
Citation: 2013 US App (9th) 2979
Docket Number: 11-16877
Date: September 9, 2013
Citation: 2013 US App (9th) 2980
Docket Number: 11-55904
Justia Opinion Summary: Plaintiffs, four landlords, challenged the constitutionality of the City's Rent Escrow Account Program (REAP). The Housing Department places property into REAP when a landlord fails to repair habitability violations and…
Date: September 9, 2013
Citation: 2013 US App (9th) 2981
Docket Number: 11-56594
Justia Opinion Summary: This appeal concerned a dispute over attorney's fees related to a settlement of numerous civil rights lawsuits against the City and others. The court held that several important principles bear on the district court's…
Date: September 9, 2013
Citation: 2013 US App (9th) 2982
Docket Number: 11-72200
Date: September 9, 2013
Citation: 2013 US App (9th) 2983
Docket Number: 12-35218
Date: September 9, 2013
Citation: 2013 US App (9th) 2984
Docket Number: 12-35471
Date: September 9, 2013
Citation: 2013 US App (9th) 2985
Docket Number: 12-99002
Justia Opinion Summary: Petitioner was convicted of two counts of first-degree murder, two counts of felony murder, one count of robbery, and one count of grand theft. On appeal, petitioner challenged the district court's denial of his…
Date: September 6, 2013
Citation: 2013 US App (9th) 2739
Docket Number: 09-56503
Date: September 6, 2013
Citation: 2013 US App (9th) 2740
Docket Number: 10-35450
Justia Opinion Summary: Plaintiff, former President of the United Steel Workers Local 12-369, filed suit against defendants alleging claims of discrimination on the basis of race and gender, and retaliation for having engaged in protected…
Date: September 6, 2013
Citation: 2013 US App (9th) 2741
Docket Numbers: 10-73215, 11-71124
Justia Opinion Summary: Petitioner, a native and citizen of Somalia, petitioned for review of the BIA's decision dismissing her asylum claim for lack of timeliness. Petitioner filed petitions for review in this court following the denial of the…
Date: September 6, 2013
Citation: 2013 US App (9th) 2742
Docket Number: 11-35220
Justia Opinion Summary: Plaintiffs filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., after the Trustees' of their pension plan determined that plaintiffs' respective post-retirement jobs as…
Date: September 6, 2013
Citation: 2013 US App (9th) 2743
Docket Number: 11-55112
Date: September 6, 2013
Citation: 2013 US App (9th) 2744
Docket Number: 11-73321
Justia Opinion Summary: Petitioner, a native of China, petitioned for review of the BIA's decision denying a motion to reopen. Petitioner entered the United States to flee an abusive relationship and claimed that she feared persecution in China…
Date: September 6, 2013
Citation: 2013 US App (9th) 2745
Docket Number: 12-10388
Justia Opinion Summary: Defendant was convicted of a crack cocaine offense. On appeal, defendant challenged the district court's denial of his motion for a reduced sentence under 18 U.S.C. 3582(c)(2). The court affirmed the judgment, holding…
Date: September 6, 2013
Citation: 2013 US App (9th) 2746
Docket Number: 12-35121
Justia Opinion Summary: Donald and Kristi Gravelet-Blondin filed suit under 42 U.S.C. 1983 against the City and Sgt. Shelton for excessive force and unlawful arrest, as well as malicious prosecution for the tasing and arrest of Donald. Kristi…
Date: September 5, 2013
Citation: 2013 US App (9th) 2690
Docket Number: 11-17062
Date: September 5, 2013
Citation: 2013 US App (9th) 2691
Docket Number: 11-17678
Justia Opinion Summary: Petitioner, convicted of second degree robbery, petitioned for review of the district court's denial of his 28 U.S.C. 2254 habeas corpus petition, alleging prosecutorial misconduct when the prosecutor knowingly elicited…
Date: September 5, 2013
Citation: 2013 US App (9th) 2692
Docket Number: 11-50287
Date: September 5, 2013
Citation: 2013 US App (9th) 2693
Docket Number: 11-56717
Date: September 5, 2013
Citation: 2013 US App (9th) 2694
Docket Numbers: 11-56768, 11-56771
Justia Opinion Summary: The State appealed the district court's grant of habeas relief under 28 U.S.C. 2254 to petitioners, convicted of first degree murder. The district court concluded that petitioners' Sixth Amendment rights were violated…
Date: September 5, 2013
Citation: 2013 US App (9th) 2695
Docket Number: 11-72520
Date: September 5, 2013
Citation: 2013 US App (9th) 2696
Docket Number: 11-73280
Date: September 5, 2013
Citation: 2013 US App (9th) 2697
Docket Number: 12-10169
Justia Opinion Summary: Defendant pled guilty to four drug offenses. On appeal, defendant challenged the trial court's finding that he violated a condition of his supervised release by associating with known felons. Under United States v.…
Date: September 5, 2013
Citation: 2013 US App (9th) 2698
Docket Number: 12-30333
Date: September 5, 2013
Citation: 2013 US App (9th) 2699
Docket Number: 12-71584
Date: September 4, 2013
Citation: 2013 US App (9th) 2505
Docket Number: 11-15186
Date: September 4, 2013
Citation: 2013 US App (9th) 2506
Docket Number: 11-16606
Justia Opinion Summary: The Secretary appealed the district court's order certifying a nationwide class of Medicare beneficiaries and granting summary judgment in the beneficiaries' favor. The beneficiaries raised two claims: (1) the…
Date: September 4, 2013
Citation: 2013 US App (9th) 2507
Docket Number: 11-35558
Justia Opinion Summary: Plaintiff, a professor, filed suit alleging that university administrators retaliated against him in violation of the First Amendment for distributing a short pamphlet and drafts from an in-progress book. The court held…
Date: September 4, 2013
Citation: 2013 US App (9th) 2508
Docket Number: 11-55733
Date: September 4, 2013
Citation: 2013 US App (9th) 2509
Docket Number: 11-57222
Justia Opinion Summary: The district court found that the Secretary violated the Indian Self Determination and Education Assistance Act (ISDA), 25 U.S.C. 450 et seq., the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., and the Fifth…
Date: September 4, 2013
Citation: 2013 US App (9th) 2510
Docket Number: 12-35269
Date: September 3, 2013
Citation: 2013 US App (9th) 2493
Docket Number: 08-55483
Date: September 3, 2013
Citation: 2013 US App (9th) 2495
Docket Number: 09-56004
Date: September 3, 2013
Citation: 2013 US App (9th) 2496
Docket Number: 10-55472
Date: September 3, 2013
Citation: 2013 US App (9th) 2497
Docket Number: 10-56917
Date: September 3, 2013
Citation: 2013 US App (9th) 2498
Docket Number: 11-16896
Justia Opinion Summary: Plaintiff filed suit against Apple alleging federal and state antitrust claims. Plaintiff alleged that Apple encoded iTS music files with its proprietary Digital Rights Management (DRM), called FairPlay, which rendered…
Date: September 3, 2013
Citation: 2013 US App (9th) 2499
Docket Number: 11-35988
Date: September 3, 2013
Citation: 2013 US App (9th) 2500
Docket Number: 11-56100
Date: September 3, 2013
Citation: 2013 US App (9th) 2501
Docket Number: 12-30274
Date: September 3, 2013
Citation: 2013 US App (9th) 2502
Docket Number: 12-30322
Date: September 3, 2013
Citation: 2013 US App (9th) 2503
Docket Number: 12-35227
Date: September 3, 2013
Citation: 2013 US App (9th) 2504
Docket Number: 13-15227
Justia Opinion Summary: Drakes Bay challenged the Secretary's discretionary decision to let Drakes Bay's permit for commercial oyster farming expire according to its terms. Drakes Bay subsequently sought a preliminary injunction under Section…
Date: August 30, 2013
Citation: 2013 US App (9th) 2448
Docket Number: 10-56527
Date: August 30, 2013
Citation: 2013 US App (9th) 2449
Docket Number: 11-50041
Date: August 30, 2013
Citation: 2013 US App (9th) 2450
Docket Numbers: 11-50536, 11-50539, 11-50555
Justia Opinion Summary: Defendants appealed their sentences after pleading guilty to conspiracy to possess an unregistered firearm. Defendants had purchased a grenade launder from an undercover ATF agent. In consolidated appeals, at issue was…
Date: August 30, 2013
Citation: 2013 US App (9th) 2451
Docket Number: 11-72113
Justia Opinion Summary: Dandino petitioned under 49 U.S.C. 521(b)(9) for review of an order of the FMCSA affirming a civil penalty to Dandino for transporting goods after the agency had revoked its operating authority and before that authority…
Date: August 30, 2013
Citation: 2013 US App (9th) 2453
Docket Number: 12-30305
Date: August 30, 2013
Citation: 2013 US App (9th) 2454
Docket Number: 12-35191
Date: August 30, 2013
Citation: 2013 US App (9th) 2455
Docket Numbers: 12-35346, 12-35454
Justia Opinion Summary: This case arose when the EPA sent two letters to Anderson notifying Anderson of its potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq.,…
Date: August 30, 2013
Citation: 2013 US App (9th) 2456
Docket Number: 12-35891
Date: August 30, 2013
Citation: 2013 US App (9th) 2458
Docket Number: 12-56822
Justia Opinion Summary: Plaintiffs, foie gras producers and sellers, appealed the district court's denial of their motion to preliminarily enjoin the State of California from enforcing California Health & Safety Code 25982. Section 25982 banned…
Date: August 29, 2013
Citation: 2013 US App (9th) 2459
Docket Number: 08-72119
Justia Opinion Summary: Petitioner, a former prison guard in India, challenged the BIA's decision affirming the IJ's conclusion that petitioner failed to establish eligibility for asylum and withholding of removal because he had assisted in the…
Date: August 29, 2013
Citation: 2013 US App (9th) 2460
Docket Number: 10-16988
Justia Opinion Summary: Petitioner was convicted of felony murder after he and his girlfriend robbed the house of her stepmother. After they left the stepmother hogtied and face-down with a sheet taped around her head, the stepmother was not…
Date: August 29, 2013
Citation: 2013 US App (9th) 2461
Docket Numbers: 10-50381, 10-50479, 11-50081
Justia Opinion Summary: Defendants were convicted of using a thermal lance to cut open the back of an ATM in order to steal the money it contained. Under 18 U.S.C. 844(h)(1), a mandatory ten-year consecutive sentence was imposed on anyone who…
Date: August 29, 2013
Citation: 2013 US App (9th) 2462
Docket Number: 11-17127
Justia Opinion Summary: Landon Wynar, a sophomore high school student, was suspended from school after he made a string of increasingly violent and threatening instant messages sent from home to his friends. Landon and his father sued the…
Date: August 29, 2013
Citation: 2013 US App (9th) 2463
Docket Number: 11-35363
Date: August 29, 2013
Citation: 2013 US App (9th) 2464
Docket Number: 11-50383
Justia Opinion Summary: Defendant appealed his conviction for illegally storing hazardous wastes without a permit in violation of the Resources Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(d)(2). The hazardous wastes at issue were used…
Date: August 29, 2013
Citation: 2013 US App (9th) 2465
Docket Number: 11-50454
Date: August 29, 2013
Citation: 2013 US App (9th) 2466
Docket Number: 11-73091
Date: August 29, 2013
Citation: 2013 US App (9th) 2467
Docket Number: 11-73910
Date: August 29, 2013
Citation: 2013 US App (9th) 2468
Docket Number: 12-16373
Justia Opinion Summary: Applicants sought a four-month exemption from the per page Public Access to Court Electronic Records (PACER) system fee. At issue was whether the court had jurisdiction to review the district court's administrative order…
Date: August 29, 2013
Citation: 2013 US App (9th) 2469
Docket Numbers: 12-17681, 13-15023
Justia Opinion Summary: Plaintiffs sought to enjoin enforcement of Senate Bill 1172, which banned state-licensed mental health providers from engaging in "sexual orientation change efforts" ("SOCE") with patients under 18 years of age, because…
Date: August 29, 2013
Citation: 2013 US App (9th) 2470
Docket Number: 12-35414
Date: August 29, 2013
Citation: 2013 US App (9th) 2471
Docket Number: 12-35976
Date: August 29, 2013
Citation: 2013 US App (9th) 2472
Docket Number: 12-55071
Date: August 28, 2013
Docket Number: 12-16063
Justia Opinion Summary: This case concerned Hawaii's "Act 163," Haw. Rev. Stat. 302A-1134(c), which barred students from attending public school after the last day of the school year in which they turned 20. At issue was whether state-funded…
Date: August 28, 2013
Docket Number: 12-35436
Date: August 27, 2013
Citation: 2013 US App (9th) 2473
Docket Number: 09-71651
Date: August 27, 2013
Citation: 2013 US App (9th) 2474
Docket Numbers: 11-30367, 11-30369
Justia Opinion Summary: In two separate cases, the government charged defendant with being an alien in the United States after deportation, as well as misrepresenting his identity and citizenship to fraudulently obtain supplemental social…
Date: August 27, 2013
Citation: 2013 US App (9th) 2475
Docket Number: 11-73647
Date: August 27, 2013
Citation: 2013 US App (9th) 2477
Docket Number: 12-30250
Justia Opinion Summary: Defendant appealed his sentence after pleading guilty to investment fraud. The district court ordered defendant to pay restitution pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. 3663A. The…
Date: August 27, 2013
Citation: 2013 US App (9th) 2478
Docket Number: 12-30352
Date: August 27, 2013
Citation: 2013 US App (9th) 2479
Docket Number: 13-15188
Date: August 27, 2013
Citation: 2013 US App (9th) 2480
Docket Number: 13-56149
Justia Opinion Summary: Defendant removed plaintiff's putative class action to federal court, contending that there was federal jurisdiction over the action under the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4, and…
Date: August 26, 2013
Citation: 2013 US App (9th) 2263
Docket Number: 09-70999
Date: August 26, 2013
Citation: 2013 US App (9th) 2264
Docket Number: 11-10359
Justia Opinion Summary: Defendant was convicted of sixteen counts of making a false claim for farm benefits in violation of 18 U.S.C. 1014 and subsequently appealed the district court's loss calculation. The court concluded that the record…
Date: August 26, 2013
Citation: 2013 US App (9th) 2267
Docket Number: 12-15082
Date: August 26, 2013
Citation: 2013 US App (9th) 2268
Docket Number: 12-30192
Justia Opinion Summary: Defendant repeatedly violated his terms of supervised release after a child pornography conviction and the district court revoked his supervised release. Opper v. United States held that, in criminal proseuctions, where…
Date: August 26, 2013
Citation: 2013 US App (9th) 2269
Docket Number: 13-56183
Date: August 23, 2013
Docket Number: 10-36094
Justia Opinion Summary: Plaintiffs sought a declaratory judgment that Congress has no power to regulate the activities contemplated by the Montana Firearms Freedom Act, Mont. Code Ann. 30-20-104, and injunctive relief preventing the federal…
Date: August 23, 2013
Docket Number: 11-15354
Justia Opinion Summary: Plaintiff, an atheist, filed suit seeking damages and injunctive relief after he was forced as a condition of parole to participate in a residential drug treatment program that required him to acknowledge a higher power.…
Date: August 23, 2013
Docket Number: 11-30342
Justia Opinion Summary: This case stemmed from charges that defendant falsified a 2000 charitable organization tax return in order to conceal his support of an independence movement in Chechnya. The case involved significant amounts of…
Date: August 22, 2013
Citation: 2013 US App (9th) 2246
Docket Number: 08-70746
Justia Opinion Summary: Petitioner, a native and citizen of Belarus, petitioned for review of an order of the BIA affirming an IJ's determination that she was not entitled to asylum, withholding of removal, or relief under the Convention…
Date: August 22, 2013
Citation: 2013 US App (9th) 2247
Docket Number: 09-56946
Date: August 22, 2013
Citation: 2013 US App (9th) 2248
Docket Number: 11-16849
Date: August 22, 2013
Citation: 2013 US App (9th) 2249
Docket Number: 11-17321
Date: August 22, 2013
Citation: 2013 US App (9th) 2250
Docket Number: 11-56694
Date: August 22, 2013
Citation: 2013 US App (9th) 2251
Docket Number: 12-10240
Justia Opinion Summary: Defendant was convicted of fifteen counts of wire fraud, eleven counts of money laundering, and three counts of tax evasion. At issue on appeal was whether the district court correctly applied U.S.S.G. 2B1.1(b)(9)(A)…
Date: August 22, 2013
Citation: 2013 US App (9th) 2252
Docket Number: 12-10420
Justia Opinion Summary: Defendant pleaded guilty to violating Nev. Rev. Stat. 484C.110(3)(g), which prohibited driving with over 2ng/ml of marijuana in the blood, assimilated into federal law under the Assimilative Crimes Act, 18 U.S.C. 13. On…
Date: August 22, 2013
Citation: 2013 US App (9th) 2253
Docket Numbers: 12-17558, 13-15506
Justia Opinion Summary: Planned Parenthood and others filed suit challenging Ariz. Rev. Stat. 35-196.05(B) as a violation of the federal Medicaid Act, 42 U.S.C. 1396a. Ariz. Rev. Stat. 35-196.05(B) barred patients eligible for the state's…
Date: August 22, 2013
Citation: 2013 US App (9th) 2254
Docket Number: 12-30291
Date: August 22, 2013
Citation: 2013 US App (9th) 2255
Docket Number: 13-71514
Date: August 21, 2013
Docket Number: 11-17398
Justia Opinion Summary: Plaintiff filed suit against the district alleging claims for disability discrimination and failure to accommodate under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101-12213. On appeal, plaintiff…
Date: August 21, 2013
Docket Number: 11-17530
Justia Opinion Summary: After the Supreme Court issued its decision in AT&T Mobility LLC v. Concepcion, Ernst & Young filed a motion to compel arbitration of state wage and hour claims asserted by its former employee. The district court denied…
Date: August 21, 2013
Docket Number: 11-72605
Justia Opinion Summary: Petitioner, a native and citizen of El Salvador, was convicted of brandishing a firearm in the presence of the occupant of a motor vehicle, in violation of California Penal Code section 417.3. An IJ subsequently…
Date: August 20, 2013
Docket Number: 04-74471
Justia Opinion Summary: Petitioner, a native and citizen of Peru, was found removable because he had committed a theft offense that qualified as an aggravated felony under 8 U.S.C. 1101(a)(43). At issue was whether the government proved that…
Date: August 20, 2013
Docket Number: 11-16133
Justia Opinion Summary: Debtor was required to make contributions to the Carpenters Pension Trust Fund pursuant to a multiemployer bargaining agreement (the Agreement). When the Agreement expired, debtor no longer was a signatory to a…
Date: August 19, 2013
Docket Number: 11-56592
Justia Opinion Summary: Plaintiff sought to add a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. 77k, against former outside directors of Peregrine. The district court denied leave to amend the complaint, concluding that…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.