Category: Ninth Circuit Opinions

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARCUS KALANI WATSON, AKA Kiki Seui; ROGUSSIA EDDIE ALLEN DANIELSON, Defendants-Appellants. No. 16-15357 D.C. Nos. 1:15-cv-00313-DKW-KSC 1:15-cv-00390-DKW-BMK 1:14-cr-00751-DKW OPINION Appeal from the United States District Court for the District of Hawaii Derrick Kahala Watson, District Judge, Presiding Argued […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KRIS KENNY, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. WAL-MART STORES, INC., a Delaware Corporation; WAL-MART ASSOCIATES, INC., a Delaware Corporation, Defendants-Appellants. No. 17-56809 D.C. No. 5:17-cv-00967R-KK OPINION Appeal from the United States District Court for the Central District of […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MINEWORKERS’ PENSION SCHEME; BRITISH COAL STAFF SUPERANNUATION SCHEME, Plaintiffs-Appellees, v. FIRST SOLAR INCORPORATED; MICHAEL J. AHEARN; ROBERT J. GILLETTE; MARK R. WIDMAR; JENS MEYERHOFF; JAMES ZHU; BRUCE SOHN; DAVID EAGLESHAM, Defendants-Appellants. No. 15-17282 D.C. No. 2:12-cv-00555-DGC OPINION Appeal from the United States District Court […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TAMARA FIELDS, on behalf of herself, as a representative of the Estate of Lloyd Fields, Jr.; HEATHER CREACH, on behalf of herself and as a representative of the Estate of James Damon Creach; J.C. (1), a minor; J.C. (2), a minor, Plaintiffs-Appellants, v. TWITTER, […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee,   v.   LIDIA RODRIGUEZ, Defendant-Appellant. No. 16-10017 D.C. No. 4:14-cr-00131-JGZ-BGM-1 OPINION Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding Argued and Submitted September 12, 2017 San Francisco, California […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMERICAN BEVERAGE ASSOCIATION; CALIFORNIA RETAILERS ASSOCIATION, Plaintiffs-Appellants, and CALIFORNIA STATE OUTDOOR ADVERTISING ASSOCIATION, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee. No. 16-16072 D.C. No. 3:15-cv-03415-EMC Northern District of California, San Francisco ORDER AMERICAN BEVERAGE ASSOCIATION; CALIFORNIA RETAILERS ASSOCIATION, Plaintiffs, and CALIFORNIA STATE OUTDOOR […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SETH BAKER; MATTHEW DANZIG; JAMES JARRETT; NATHAN MARLOW; MARK RISK, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MICROSOFT CORPORATION, a Washington Corporation, Defendant-Appellee. No. 12-35946 D.C. No. 2:11-cv-00722- RSM ORDER On Remand from the United States Supreme Court Filed January […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EAT RIGHT FOODS LTD., Plaintiff-Counter-Defendant- Appellant, v. WHOLE FOODS MARKET, INC., Defendant, and WHOLE FOODS MARKET SERVICES, INC.; WHOLE FOODS MARKET PACIFIC NORTHWEST, INC., Defendants-Counter-Claimants- Appellees. No. 15-35524 D.C. No. 2:13-cv-02174-RSM OPINION Appeal from the United States District Court for the Western District of […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERTO SOLORIO-RUIZ, AKA Alejandro Cervantes-Calderon, AKA Manuel Ortiz Espinosa, AKA Mark Anthony Lopez, AKA Robert Salazar, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. No. 16-73085 Agency No. A034-223-887 OPINION On Petition for Review of an Order of the Board of Immigration Appeals […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT C.J.L.G., A JUVENILE MALE, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. No. 16-73801 Agency No. A206-838-888 OPINION On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted August 8, 2017 Pasadena, California Filed January 29, 2018 […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EAGLE POINT EDUCATION ASSOCIATION/SOBC/OEA; DAVE CARRELL; STACI BOYER, Plaintiffs-Appellees, v. JACKSON COUNTY SCHOOL DISTRICT NO. 9, Defendant-Appellant. Nos. 15-35704, 15-35972 D.C. No. 1:12-cv-00846-CL OPINION Appeals from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding Argued and […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LEOPOLDO N. LEON, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee. No. 15-15277 D.C. No. 2:14-cv-00093DGC ORDER AND AMENDED OPINION Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Submitted January 12, 2017[1] San Francisco, […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EUGENE HAMAMOTO; JOHN P. ROCO, Plaintiffs-Appellants, v. DAVID Y. IGE, Governor of the State of Hawaii; DEMOCRATIC PARTY OF HAWAII; SCOTT T. NAGO, in his official capacity as the Chief Election Officer of the State of Hawaii; BRIAN EVANS, Defendants-Appellees. No. 15-15572 D.C. No. 1:14-cv-00491-DKW-BMK […]

FOR PUBLICATION  UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN THE MATTER OF TRANSWEST RESORT PROPERTIES, INC., Debtor, JPMCC 2007-C1 GRASSLAWN LODGING, LLC, Appellant, v. TRANSWEST RESORT PROPERTIES INCORPORATED; SWVP LA PALOMA LLC; SWVP HILTON HEAD LLC, Appellees. No. 16-16221 D.C. Nos. 4:12-cv-00024-RCC 4:12-cv-00121-RCC     OPINION Appeal from the United States District […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH A. KENNEDY, Plaintiff-Appellant, v.   BREMERTON SCHOOL DISTRICT, Defendant-Appellee. No. 16-35801 D.C. No. 3:16-cv-05694-RBL ORDER Filed January 25, 2018 Before:  DOROTHY W. NELSON, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges. ORDER Judges M. Smith and Christen have voted to deny the […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MANUEL DE JESUS ORTEGA MELENDRES, on behalf of himself and all others similarly situated; JESSICA QUITUGUA RODRIGUEZ, on behalf of themselves and all others similarly situated; DAVID RODRIGUEZ, on behalf of themselves and all others similarly situated; VELIA MERAZ, on behalf of themselves and […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TREATMENT OF ANIMALS INC; AMERICAN CIVIL LIBERTIES UNION OF IDAHO; CENTER FOR FOOD SAFETY; FARM SANCTUARY; RIVER’S WISH ANIMAL SANCTUARY; WESTERN WATERSHEDS PROJECT; SANDPOINT VEGETARIANS; IDAHO CONCERNED AREA RESIDENTS FOR THE ENVIRONMENT; IDAHO HISPANIC CAUCUS INSTITUTE FOR RESEARCH AND EDUCATION; COUNTERPUNCH; FARM FORWARD; WILL […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RONALD H. KRAMER, Plaintiff-Appellee, v. MARY CULLINAN, Defendant-Appellant, and SOUTHERN OREGON UNIVERSITY; OREGON UNIVERSITY SYSTEM; GEORGE PERNSTEINER, Defendants. No. 14-36103 D.C. No. 1:13-cv-00340-PA OPINION Appeal from the United States District Court for the District of Oregon Owen M. Panner, District Judge, Presiding Argued and Submitted June 7, […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ITALIAN COLORS RESTAURANT, a California Business Entity; ALAN CARLSON, Owner, Italian Colors Restaurant; LAURELWOOD CLEANERS, LLC, DBA Laurelwood Cleaners and Laundry, DBA Milo’s Cleaners and Laundry, a California Limited Liability Company; JONATHAN EBRAHIMIAN, Owner, Laurelwood Cleaners, LLC; FAMILY LIFE CORPORATION, DBA Family Graphics, a […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HENRI CALDERON-RODRIGUEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. No. 16-70225 Agency No. A205-273-112 OPINION On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted December 4, 2017 Pasadena, California Filed January 3, 2018 Before:  A. Wallace Tashima […]