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 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 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.
Ninth Circuit revives a Section 1983 deliberate fabrication claim against a Garden Grove detective whose police report significantly mischaracterized recorded witness statements on a critical issue in the case.
The Ninth Circuit held that federal agencies likely violated the First Amendment by terminating University of California research grants based on recipients’ perceived viewpoints on DEI and environmental justice, while ruling that a separate class of grant termination challenges falls outside
The Ninth Circuit held that hash-value matches between a suspect’s files and known child pornography can establish probable cause for a search warrant without agents first downloading and visually confirming the files.
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.
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 summary judgment for an insurer, holding that unambiguous lending exclusions in a professional liability policy barred coverage for a California bank’s defense and settlement costs arising from Ponzi scheme litigation.
The Ninth Circuit revived willful FCRA and CCRAA claims against Wells Fargo for pulling credit reports after opening unauthorized bank accounts, but upheld dismissal of negligence claims for insufficiently pleaded actual damages.
The Ninth Circuit applies the Supreme Court’s Urias-Orellana decision, holding that the highly deferential substantial evidence standard governs the entirety of the BIA’s asylum conclusions, including whether undisputed facts constitute persecution.
The Ninth Circuit reversed dismissal of a California consumer fraud class action, holding that a licorice product’s “Free of Artificial Colors & Flavors” label can mislead reasonable consumers when the product allegedly contains petroleum-derived DL malic acid as a flavoring.
The Ninth Circuit affirms that Bank of America’s right to compel arbitration under its standard Deposit Agreement is not subject to an exception for judicial reference under California CCP § 638, holding that judicial reference applies only when neither party has invoked arbitration.
The Ninth Circuit holds that when a racially biased juror is discovered and removed before a verdict is accepted, courts must apply the Remmer framework’s heavy presumption of prejudice—and reverses a tax-fraud conviction because the government could not rebut that presumption.
The Ninth Circuit reverses summary judgment for Orange County on a Monell claim and vacates a jury verdict for a jail nurse, finding the trial court’s rigid three-hour time limit prevented the plaintiff from presenting his case after a stroke was misidentified as intoxication during booking.
The Ninth Circuit affirmed summary judgment for a law firm accused of conspiring with a private judge who failed to disclose multiple concurrent retentions, but a concurrence warned that private judging creates growing ethical risks that state courts should address.
The Ninth Circuit affirms a Central District of California grant of summary judgment to the Secretary of the Air Force on a federal civilian employee’s discrimination and hostile work environment claims, restating the demanding ‘specific and substantial’ pretext standard on circums
The Ninth Circuit denied mandamus in the Super Micro Computer securities case and clarified that the standard for rebutting a presumptive lead plaintiff’s adequacy under the PSLRA is preponderance of the evidence, not the lower ‘genuine and serious doubt’ threshold.
The Ninth Circuit, sitting en banc, held that a Chapter 7 bankruptcy trustee who fails to preserve estate assets is not shielded by quasi-judicial immunity because property-management duties are administrative, not adjudicative.
The Ninth Circuit held that “first to market” advertising claims are not actionable as false advertising under the Lanham Act, ruling that such claims concern the origin of an idea rather than observable product characteristics.