9th Circuit Court of Appeals

Opinions Filed in September 2015

Bradford v. Scherschligt

To determine the proper date of accrual for a claim, the court must identify the common law analogues to the claim and apply any distinctive accrual rules associated with it.

Area(s) of Law:
  • Civil Rights § 1983

In the Matter of: Tower Park Props.

In order for an individual to have standing in bankruptcy court, the individual must satisfy three requirements: (1) qualify as a party of interest under 11 U.S.C. § 1109(b); (2) meet Article III standing; and (3) meet federal court prudential standing.

Area(s) of Law:
  • Bankruptcy Law

Pena v. Lynch

Absent a few enumerated exceptions, the Illegal Immigration Reform and Immigrant Responsibility Act does not allow any court to review a final expedited removal order.

Area(s) of Law:
  • Immigration

Sakkab v. Luxottica Retail N. Am.

The Federal Arbitration Act will preempt a state rule that is not a generally applicable contract defense and that conflicts with the purposes of the Federal Arbitration Act.

Area(s) of Law:
  • Arbitration

Hinojosa v. Davey

A law violates the Ex Post Facto Clause of the Constitution when it applies to events occurring before its enactment and disadvantages the offender affected by it by altering the definition of criminal conduct or increasing the punishment for the crime.

Area(s) of Law:
  • Habeas Corpus

Int’l Franchise Ass’n v. City of Seattle

In order to obtain a preliminary injunction, on must show: (1) the claim is likely to succeed on the merits; (2) the plaintiff is likely to suffer irreparable harm without preliminary relief; (3) the balance of hardships tips in the plaintiff’s favor; and (4) a preliminary injunction is in the public interest.

Area(s) of Law:
  • Civil Law

DC Comics v. Towle

Authors of underlying works are entitled to sue third parties who make unauthorized copies of their derivative works, provided that the material copied derived from the underlying work.

Area(s) of Law:
  • Copyright

United States v. Flores

Where the government makes a misstatement of the law and misleading statements to the jury during a trial, the defendant’s appeal of their conviction will only be overturned if the defendant can prove that the error was plain and they were prejudiced as a result of the error.

Area(s) of Law:
  • Criminal Law

Ctr. for Biological Diversity v. USFWS

Agency actions, even those made pursuant to the Environmental Species Act, must be upheld unless the agency’s action is arbitrary, capricious, an abuse of discretion, or inconsistent with the law.

Area(s) of Law:
  • Administrative Law

Idaho Bld. & Constr. Trades Council v. Inland Pac. Chapter of Assoc’d Builders & Contractors

If a state regulation of employee collecting bargaining activities and a regulation detailed in the National Labor Relations Act (NLRA) conflict, the National Labor Relations Board's interpretation of the NLRA governs if rational and consistent with the statute.

Area(s) of Law:
  • Labor Law

United States v. Rosales-Gonzales

A district court judge has discretion to reject a party’s request or recommendation regarding a defendant’s sentence, even if the party’s recommendation is included in the plea agreement.

Area(s) of Law:
  • Criminal Law

Lenz v. Universal Music

Prior to sending a takedown notification, a copyright holder must consider whether the material qualifies as fair use copyright exception; failure to do so creates a triable issue as to whether the copyright holder formed a subjective “good faith” belief that the use was not authorize by law.

Area(s) of Law:
  • Copyright

Magnetar Techs v. Intamin

No person is entitled to patent an invention that has been on sale for more than a year before having filed the application for the patent.

Area(s) of Law:
  • Patents

United States v. Myers

Federal Rule of Civil Procedure 11(c)(1) categorically prohibits judicial participation, except where a defendant waives the rule’s application to their case.

Area(s) of Law:
  • Criminal Procedure

Wabakken v. Cal. Dep’t of Corr. & Rehab.

Under issue preclusion, and pursuant to the California Whistleblower Protection Act, a State Personnel Board’s decision does not give preclusive effects to a claimant seeking relief to a retaliation claim in court.

Area(s) of Law:
  • Civil Law

Cascadia Wildlands v Bureau of Indian Affairs

The National Environmental Policy Act requires preparation of an Environmental Impact Study under circumstances that may affect human living conditions.

Area(s) of Law:
  • Environmental Law

In re Landmark Fence

Appellate courts have jurisdiction over appeals from a non-final order in the bankruptcy court in consideration of these factors: (1) the need to avoid piecemeal litigation; (2) judicially efficiency; (3) systemic interest in preserving the bankruptcy court’s role as the fact finder; and (4) delaying the review would cause either party irreparable harm.

Area(s) of Law:
  • Bankruptcy Law

Resilient Floor Covering PTF v. Michael's Floor Covering

Successors may be liable for its predecessors’ unlawful employer discrimination, so long as the successor took over the business with notice of the unfair labor practice liability, including withdrawal liability pursuant to the Multiemployer Pension Plan Amendments Act.

Area(s) of Law:
  • Labor Law

Bobbitt v. Milberg LLP

When deciding what forum absent class member’s claims should be held using the Restatement (Second) of Conflict of Laws § 145, domicile of the plaintiffs should carry little weight compared to other § 145 factors if the plaintiffs are from all 50 states.

Area(s) of Law:
  • Civil Procedure

In re: Optical Disk Drive Antirust Litig.

A document reviewed by a grand jury is not protected by Federal Rule of Criminal Procedure 6(e) and may be released pursuant to a subpoena.

Area(s) of Law:
  • Criminal Procedure

Pollinator Stewardship Council v. U.S.E.P.A.

When applying an agency generated standard, the court must apply the standard set out by the agency and determine if the conclusion of the matter is supported by the agency standard, as well as substantial evidence.

Area(s) of Law:
  • Administrative Law

Taylor v. San Diego Cty.

Laws that permit the state to indefinitely commit sexually violent predators to a mental health facility do not violate the Equal Protection Clause, nor is it a violation of the Due Process Clause to place the burden of proof on the committed individual to prove the individual is no longer dangerous.

Area(s) of Law:
  • Habeas Corpus

United States v. Augare

“Sophisticated means” sentencing enhancement is applicable when a defendant employs coordinated and repetitive conduct to execute a criminal scheme.

Area(s) of Law:
  • Criminal Law

Harkonen v. U.S.D.O.J.

The Department of Justice’s and the Office of Management and Budget’s exclusion of press releases from their definition of dissemination under the Information Quality Act is within their discretion.

Area(s) of Law:
  • Administrative Law

Miles v. Wesley

Federal court abstention is appropriate when intervention into state court proceedings would be intrusive and unworkable.

Area(s) of Law:
  • Civil Procedure

OTET v. Hillsboro Garbage Disposal

Health and welfare benefit plans governed by the Employee Retirement Income Security Act of 1974 cannot recover damages for a breach of contract claim against a business who received health care benefits for ineligible employees.

Area(s) of Law:
  • Employment Law

United States v. Aubrey

Under 28 U.S.C. § 1168, funds paid to private contractors that are sufficiently maintained by and monitored by a tribal organization continue to be property of a tribal organization.

Area(s) of Law:
  • Criminal Law

Watson v. City of San Jose

A higher court will reverse a district court’s order under an abuse of discretion standard only when the district court reaches a result that is implausible, illogical, or there is no inferential support that may be gleaned from the record.

Area(s) of Law:
  • Civil Procedure

Bakestrieri v. Menlo Park Fire Prot. Dist.

Preliminary and postliminary acts are compensable under the Fair Labor Standards Act if they are principal activities.

Area(s) of Law:
  • Labor Law

IATSE v. InSync Show Productions

Where there is a dispute over the duration of an arbitration clause within a collective bargaining agreement, it is up to the arbitrator to decide the contested interpretations of an evergreen clause and whether the arbitration clause expired or was terminated.

Area(s) of Law:
  • Labor Law

Rodriguez v. Sony Comput. Entm't Am

A private right of action does not exists for unlawful retention of personably identifiable information under 18 U.S.C. § 2710(c)(1).

Area(s) of Law:
  • Civil Law

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