The Ninth Circuit affirms placement of a southern-California tribe on ATF’s PACT Act non-compliant list, holding that the tribe’s remote cigarette sales to other California tribes are off-reservation activities subject to California’s licensing and excise-tax laws.
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.
The Ninth Circuit publishes that the state-created danger doctrine reaches only bodily-integrity harm, not lost profits — but reverses dismissal of state-law nuisance claims to let businesses pursue equitable tolling under American Pipe.
The Ninth Circuit issues an amended opinion granting a Rhines stay-and-abey for an Arizona death-row petitioner’s IAC-at-sentencing claim, and remands his Atkins intellectual-disability claim for the district court to address in the first instance.
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.
The Ninth Circuit affirms the denial of a Mexican spouse’s visa application, holding that after Department of State v. Muñoz a U.S. citizen spouse can still invoke the Mandel exception based on her First Amendment right to receive information, but that the consular officer’s reason-to-be
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
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
The Ninth Circuit affirms dismissal of Rohingya plaintiffs’ claims that Facebook’s design enabled the spread of anti-Rohingya content in Myanmar, holding that Section 230 immunity bars the suit, with three judges concurring to urge en banc reconsideration of the court’s Section 230
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.