The Ninth Circuit affirmed denial of “Shrimp Boy” Chow’s habeas petition, finding his defense team’s strategic decisions did not constitute ineffective assistance of counsel despite acknowledged shortcomings in trial performance.
Ninth Circuit affirms denial of Section 2255 habeas petition by former CEO convicted of wire fraud, money laundering, and obstruction, finding overwhelming trial evidence defeated ineffective assistance and right-to-maintain-innocence claims.
The Ninth Circuit holds that under its binding precedent in Filice, California state claim preclusion law—not federal law—governs the preclusive effect of FTCA judgments, and a statute-of-limitations dismissal has no preclusive effect under California law.
The Ninth Circuit affirms a preliminary injunction against a trademark licensee who claimed priority rights, holding that a licensee’s use of marks inures to the licensor under the Lanham Act and that later rescission of the licensing agreement does not retroactively change trademark priority.
In a split decision, the Ninth Circuit remands an asylum case to the BIA after finding it failed to address substantial evidence that a Mexican woman’s family membership was a central reason for persecution by cartel-linked neighbors.
Ninth Circuit holds that an automobile manufacturer that was not a party to a consumer’s lease agreement with a dealership cannot enforce the lease’s arbitration or delegation clause, reaffirming Kramer v. Toyota and applying the California Supreme Court’s Ford Motor Warranty Cases
Ninth Circuit vacates a Northern District of California ruling that found fluoride in drinking water at 0.7 mg/L poses unreasonable health risks, holding the judge violated the party presentation principle by commandeering the evidentiary record over both parties’ objections.
The Ninth Circuit affirmed a sentencing enhancement for maintaining a drug distribution premises, holding that a defendant’s apartment can qualify even when it also serves as his primary residence.
The Ninth Circuit held that courts may not include departures when calculating the amended guideline range in sentence reduction proceedings under 18 U.S.C. § 3582(c)(2), making defendants whose original sentences fell below the amended range ineligible for reductions.
The Ninth Circuit affirmed a defense verdict in a Federal Tort Claims Act suit alleging VA doctors were negligent in prescribing gabapentin to a combat veteran with PTSD who subsequently committed suicide, finding no clear error in the district court’s credibility and standard-of-care determin