In re: Anonymous Online Speakers, No. 09-71265, involved an action claiming that defendant orchestrated an Internet smear campaign via anonymous postings and videos disparaging plaintiff and its business practices. The court of appeals denied defendant’s petition for a writ of mandamus directing the district court to vacate its order requiring the disclosure of the identity [...]
Padilla-Romero v. Holder, No. 07-72492, involved a petition for review of the Board of Immigration Appeals (”BIA”) decision affirming the Immigration Judge’s (”IJ”) decision holding petitioner statutorily ineligible for cancellation of removal. The court of appeals denied the petition, holding that the inclusion in 8 U.S.C. section 1229b(b)(1)(A) of an express requirement that an alien’s [...]
Kittel v. Thomas, No. 09-35630, concerned a habeas petition challenging a Bureau of Prisons (”BOP”) rule that categorically excluded from an early release incentive program prisoners whose offenses of conviction involved firearms possession. The court of appeals affirmed the dismissal of the petition, on the ground that petitioner’s claims were moot, and an order stating [...]
Lee v. Lampert, No. 09-35276, involved a prosecution for sexual abuse of a child. The court of appeals reversed the grant of petitioner’s habeas petition, holding that 1) there is no actual innocence exception serving as a gateway through AEDPA’s statute of limitations to the merits of a petitioner’s constitutional claims in original petitions; and [...]
In Betz v. Trainer Wortham & Co., No. 05-15704, a securities fraud action, the court granted defendants’ motion to remand the case to the district court following the Supreme Court’s decision vacating the Ninth Circuit’s earlier opinion, on the grounds that 1) the district court had procedures available to it relating to the scope of [...]
Bluetooth SIG Inc. v. US, No. 08-35312, involved an action seeking a refund of income tax, penalties, additions, and interest paid for 2000-2002 under 28 U.S.C. section 1346(a) and I.R.C. section 7422. The Ninth Circuit affirmed summary judgment for defendant, on the ground that plaintiff engaged in a business of the sort ordinarily engaged in [...]
Simonia v. Glendale Nissan/Infiniti Disability Plan, No. 09-56025, concerned plaintiff’s appeal from the district court’s denial of his motion for attorney’s fees under the Employee Retirement Income Security Act of 1974. The court of appeals affirmed on the ground that, even assuming plaintiff achieved some degree of success on the merits, the Ninth Circuit agreed [...]
Lal v. State of Cal., No. 08-15645, involved an action against the California Highway Patrol and certain officers for the shooting death of plaintiff’s husband. The Ninth Circuit reversed the dismissal of the action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute when her attorney failed to meet deadlines and [...]
Lin v. Holder, No. 06-73377, involved a petition for review of the BIA’s denial of petitioner’s application for asylum and requested withholding of removal under the Immigration and Nationality Act (”INA”) and protection under the Convention Against Torture (”CAT”). The Ninth Circuit granted the petition in part, on the ground that petitioner established by clear and [...]
In Retired Employees’ Assn. v. Cty. of Orange, No. 09-56026, involved an action challenging Orange County’s change to the structure of its health benefits under which the County began to split the pool of active and retired employees for purposes of setting premiums. The Ninth Circuit certified the following question to the Supreme Court of California: [...]