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Litigation

Ninth Circuit
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Hogan v. Bean — Ninth Circuit denies en banc rehearing in death-penalty habeas case, leaving in place panel’s broad reading of Martinez v. Ryan despite forceful nine-judge dissent

The Ninth Circuit denies en banc rehearing in a Nevada death-penalty habeas case, leaving in place a panel decision allowing the petitioner to invoke Martinez v. Ryan to revive long-defaulted trial-ineffective-assistance claims, over a forceful dissent from nine judges.

Ninth Circuit
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Scott v. Broomfield — Ninth Circuit reverses habeas relief in California death-penalty case, holding the state court reasonably rejected the ineffective-assistance-of-counsel claims under AEDPA’s deferential standard

The Ninth Circuit reverses a federal habeas grant in a California death-penalty case, holding that under AEDPA’s doubly deferential standard the California Supreme Court reasonably rejected the petitioner’s ineffective-assistance-of-counsel claims, including those based on cumulative pre

Ninth Circuit
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Public Interest Legal Foundation v. Nago — Ninth Circuit holds the NVRA’s public inspection provision does not require states to disclose statewide voter lists, only records of voter list maintenance activities

The Ninth Circuit holds that the NVRA’s public inspection provision requires states to disclose records about their voter list maintenance activities but not the underlying statewide voter rolls themselves, affirming dismissal of an election-integrity nonprofit’s NVRA suit against Hawaii

Ninth Circuit
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Roe v. Johnston — Ninth Circuit stays Arizona injunction that had struck the word ‘operation’ from state birth-certificate-amendment law for transgender residents

The Ninth Circuit grants a stay pending appeal of an Arizona district court injunction that had struck the word ‘operation’ from the state’s birth-certificate-amendment statute, leaving Arizona’s surgical-verification requirement in place while the merits appeal proceeds.

Ninth Circuit
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Reach Community Development v. USDHS — Ninth Circuit stays Portland injunction barring tear gas at ICE protests, holding bystanders likely have no substantive-due-process right against incidental chemical exposure

The Ninth Circuit stays a Portland district court injunction barring federal officers from using tear gas to disperse demonstrators outside an ICE facility, holding that nearby apartment residents likely have no substantive-due-process right to be free from incidental chemical exposure.

Ninth Circuit
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Dickinson v. Trump — Ninth Circuit stays Portland injunction restricting federal crowd-control tactics, faulting overbroad class relief and uniform-redesign order in protest-retaliation case

The Ninth Circuit stays a sweeping district court injunction that had restricted federal officers’ use of non-lethal crowd-control munitions and ordered ICE agent uniforms redesigned, holding the underlying First Amendment retaliation theory unlikely to succeed and the relief overbroad and imp

Ninth Circuit
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United States v. State of California — Ninth Circuit grants injunction barring enforcement of California’s No Vigilantes Act ID requirement against federal officers, holding the law violates the Supremacy Clause

The Ninth Circuit grants the United States an injunction pending appeal barring California from enforcing the No Vigilantes Act’s visible-identification requirement against federal officers, holding that the law likely violates the Supremacy Clause by directly regulating the federal government

Ninth Circuit
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Moving Oxnard Forward v. Lopez — Ninth Circuit en banc upholds Oxnard’s per-candidate and aggregate campaign-contribution limits against First Amendment challenge

Sitting en banc, the Ninth Circuit upholds the City of Oxnard’s voter-enacted per-candidate and aggregate campaign-contribution limits, holding the City sufficiently demonstrated an anti-corruption interest and that the limits are closely drawn to that interest under Randall v. Sorrell.

Ninth Circuit
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J.R. v. Ventura Unified School District — Ninth Circuit holds IDEA’s two-year clock starts when parents reasonably suspect inadequate special education, not when a later diagnosis confirms it

The Ninth Circuit holds that the IDEA’s two-year statute of limitations starts when parents know or should know that the school district has failed to assess their child and that the child’s education is inadequate, time-barring the family’s claims for special-education services re

Ninth Circuit
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United States v. Bolandian — Ninth Circuit vacates insider-trading conviction, holding the trial court abdicated its duty to investigate a juror who said he might not be impartial

The Ninth Circuit vacates an insider-trading conviction because the trial court failed to investigate a juror who said he was unsure of being impartial, instead asking the juror to monitor his own bias, in violation of the Sixth Amendment right to an impartial jury.

Ninth Circuit
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McAuliffe v. Robinson Helicopter — Ninth Circuit holds GARA’s rolling 18-year repose period restarts for replacement parts even without substantive alteration, reviving Hawaiian crash family’s wrongful-death suit against Torrance manufacturer

The Ninth Circuit holds that GARA’s rolling provision restarts the 18-year statute of repose for replacement aircraft parts even when the new part is identical to the original, reviving a wrongful-death suit against Torrance-based Robinson Helicopter Company over a fatal Hawaiian sightseeing c

Ninth Circuit
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Gessele v. Jack in the Box — Ninth Circuit reverses key wage-and-hour rulings, restoring class claims for shortened meal breaks and shoe-cost deductions under Oregon law

The Ninth Circuit reverses key rulings in a long-running Jack in the Box wage-and-hour class action, restoring class claims for shortened meal breaks under Oregon law and for non-slip shoe deductions, and ordering a trial on whether overdeductions for the Oregon Workers’ Benefit Fund were will

Ninth Circuit
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Panelli v. Target Corporation — Ninth Circuit revives California consumer class action over allegedly impossible 800-thread-count cotton sheets, holding a literally false claim can deceive even when its falsity is verifiable

The Ninth Circuit reverses dismissal of a California consumer class action against Target over allegedly impossible 800-thread-count cotton sheets, holding that the literally false advertising framework applies when a label is unambiguous and that a physically impossible claim can still deceive a re

Ninth Circuit
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Brown v. The Brita Products Company — Ninth Circuit affirms dismissal of California consumer suit, holding no reasonable consumer expects a $15 water filter to remove every contaminant

The Ninth Circuit affirms dismissal of a California consumer class action against Brita, holding that no reasonable consumer would expect a low-cost water filter to remove every common contaminant when the packaging only claims to ‘reduce’ specific listed contaminants and directs buyers

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