Category: Ninth Circuit Opinions

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LUKE D. BRUGNARA, Defendant-Appellant. No. 15-10509 D.C. No. 3:14-cr-00306-WHA-1 Appeal from the United States District Court for the Northern District of California Argued and Submitted January 10, 2017 San Francisco, California Filed May 11, 2017 Before: J. Clifford Wallace and […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FEDERAL TRADE COMMISSION, Plaintiff-Appellee,  v. AT&T MOBILITY LLC, a limited liability company, Defendant-Appellant. No. 15-16585 D.C. No. 3:14-cv-04785-EMC Northern District of California, San Francisco ORDER THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KIMBERLEY A. GARDNER, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee. No. 14-35164 D.C. No. 6:12-cv-00755-JE Appeal from the United States District Court for the District of Oregon Michael W. Mosman, Chief Judge, Presiding Argued and Submitted October 3, 2016 Filed May 9, […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KIM DANA DECKER, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee. No. 14-35373 D.C. No. 6:11-cv-06344-HU Appeal from the United States District Court for the District of Oregon Michael W. Mosman, Chief Judge, Presiding Argued and Submitted October 3, 2016 Filed May 9, 2017 […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RECYCLE FOR CHANGE, Plaintiff-Appellant, v. CITY OF OAKLAND, a California Municipal Corporation, Defendant-Appellee. No. 16-15295 D.C. No. 3:15-cv-05093-WHO Appeal from the United States District Court for the Northern District of California William Horsley Orrick III, District Judge, Presiding Argued and Submitted September 13, 2016 San Francisco, California […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOEL LEON THOMAS, JR., Defendant-Appellant. No. 14-10427 D.C. No. 2:12-cr-00523-DGC-2 Filed May 8, 2017 Before: J. Clifford Wallace, Mary M. Schroeder, and Alex Kozinski, Circuit Judges. Dissent by Judge Wallace SUMMARY[1] Criminal Law The panel filed an order granting in […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JERALD FRIEDMAN, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. AARP, INC.; AARP SERVICES, INC; AARP INSURANCE PLAN; UNITEDHEALTH GROUP, INC.; UNITEDHEALTH CARE INSURANCE COMPANY, Defendants-Appellees. No. 14-56765 D.C. No. 2:14-cv-00034-DDP-PLA Appeal from the United States District Court for the Central District of […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HAYLEY HICKCOX-HUFFMAN, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. US AIRWAYS, INC.; U.S. AIRWAYS GROUP, INC.,Defendants-Appellees. No. 11-16305 D.C. No. 5:10-cv-05193-HRL Appeal from the United States District Court for the Northern District of California Howard R. Lloyd, Magistrate Judge, Presiding Argued […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT VINCENT HARRIS YAZZIE, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, GILA RIVER INDIAN COMMUNITY; NAVAJO NATION; CENTRAL ARIZONA WATER CONSERVATION DISTRICT; SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, Respondents-Intervenors. No. 14-73100 TO’ NIZHONI ANI; BLACK MESA WATER COALITION; DINE CITIZENS AGAINST RUINING THE ENVIRONMENT, Petitioners, v. U.S. […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT THE HOPI TRIBE, a federally recognized Indian Tribe, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT; NAVAJO NATION; CENTRAL ARIZONA WATER CONSERVATION DISTRICT; GILA RIVER INDIAN COMMUNITY, Respondents-Intervenors. No. 14-73055 OPINION On Petition for Review of an Order of […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SARMAD SYED, an individual, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. M-I, LLC, a Delaware Limited Liability Company; PRECHECK, INC., a Texas Corporation, Defendants-Appellees. No. 14-17186 D.C. No. 1:14-cv-00742-WBS-BAM ORDER AND AMENDED OPINION Appeal from the United States District Court for the […]

FOR PUBLICATION                           UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF WASHINGTON and STATE OF MINNESOTA, Plaintiffs-Appellees,    v. DONALD J. TRUMP, President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; REX W. TILLERSON, Secretary of State; JOHN F. KELLY, Secretary of the Department of Homeland Security; UNITED STATES OF AMERICA, Defendants-Appellants. […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF WASHINGTON; STATE OF MINNESOTA, Plaintiffs-Appellees,  v. DONALD J. TRUMP, President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; REX W. TILLERSON, Secretary of State; JOHN F. KELLY, Secretary of the Department of Homeland Security; UNITED STATES OF AMERICA, Defendants-Appellants. No.   […]

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LORRAINE BATES; CHARLES EHRMAN BATES; EILEEN BURKE; JACI EVANS, as Successor Personal Representative for the Estate of Thomas Marier; and DALLA FRANCIS, as Personal Representative for the Estate of George Alexander, Plaintiffs-Appellants, v. BANKERS LIFE AND CASUALTY COMPANY, an Illinois insurance company; CNO FINANCIAL GROUP, […]