In a companion to the published Ciria v. Gerrans opinion, the Ninth Circuit grants qualified immunity on the wrongfully imprisoned man’s son’s familial association claim, finding the specific right was not clearly established in 1990 — even though the father’s own fabrication-of-ev
The Ninth Circuit holds that abandonment recognized by a Mexican court constitutes a ‘legal separation’ for derivative citizenship under former 8 U.S.C. section 1432, granting a petition for review and finding the petitioner derived U.S. citizenship from his naturalized mother.
The Ninth Circuit reverses an ERISA denial of a disc replacement surgery, holding that Cigna abused its discretion by relying on its own internal policy rather than the governing plan document, and that the district court improperly affirmed using rationales never raised during the administrative pr
The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.
The Ninth Circuit denied California’s petition for review of the FMCSA’s determination that California’s meal and rest break rules are preempted as applied to drivers of passenger-carrying commercial motor vehicles, extending the preemption previously upheld for property-carrying v
The Ninth Circuit reversed dismissal of a TCPA class action, holding that unsolicited calls asking homeowners if they want to sell their property qualify as telephone solicitations because the caller’s underlying purpose was to encourage the purchase of real estate brokerage services.
The Ninth Circuit reversed dismissal of a civil RICO action against tribal officials, holding that officials sued in their individual capacities for money damages are not protected by tribal sovereign immunity and the tribe was not a required party.
Ninth Circuit affirms firearms convictions, holding that silencers are optional accessories outside the Second Amendment’s plain text and that the NFA’s registration requirements are a constitutional shall-issue licensing regime.
Ninth Circuit suspends two Orange County attorneys for six months after they filed briefs with AI-generated fake case citations and repeatedly denied the use of generative AI to the court.
Ninth Circuit holds that a court must rule on the merits of a pending anti-SLAPP motion—and the defendant’s right to statutory fees—even after the plaintiff voluntarily dismisses the lawsuit.