Ninth Circuit Keeps Sliding-Scale Injunction Test Over 10-Judge Dissent
The court declined to rehear a disability case; Judge Bress and nine colleagues said its 'serious questions' test conflicts with Winter and Starbucks.
U.S. Court of Appeals for the Ninth Circuit
Ninth Circuit Orders Injunction Against California's Federal-Agent ID Law
A Ninth Circuit panel held California cannot require non-uniformed federal officers to display a name or badge number, calling the U.S. "certain to succeed."
Ninth Circuit Revives Class Action Over Health Claims Data Emailed to Plan Members
The court held that disclosing health data a plan administrator promised to keep confidential is a concrete injury, akin to breach-of-confidence suits of the founding era.
Ninth Circuit Vacates Ruling That Struck Arizona Birth-Certificate Surgery Rule
Panel holds Arizona law already lets transgender people change the sex on their birth certificates by court order without surgery, so the statute stands.
Ninth Circuit Says PREP Act Immunity Hinges on Injury Alleged, Not Legal Theory
A unanimous panel shields Pasadena's COVID-19 testing policy and clarifies that the federal immunity statute bars claims based on the harm suffered, regardless of how plaintiffs label their causes of action.
Ninth Circuit Revives Invisalign Antitrust Classes, Holds Rule of Reason Governs Refusal-to-Deal Claims
A split panel reversed summary judgment for Align Technology, finding triable disputes over whether its patent-litigation rationale was pretextual.
Ninth Circuit Grants Qualified Immunity to Hospital Officials Who Denied Nurse's Vaccine Exemption
A divided panel ruled that no clearly established law in 2021 gave a healthcare worker a Free Exercise right to a religious exemption from a COVID-19 vaccine mandate.
Ninth Circuit Says Withdrawn Bankruptcy Appeals Are Final Under § 1291, Splits With Sister Circuits
A 2-1 panel ruled that a district court judgment on a withdrawn adversary proceeding can be immediately appealed even while core bankruptcy matters continue.
Ninth Circuit Refuses to Rehear Oak Flat Mining Case as Eleven Judges Say Court Got It Wrong
The denial clears the way for a copper mine to destroy a Western Apache sacred site, though separate writings call for Supreme Court review.
Ninth Circuit Shields Officers Who Drew Guns on Man Wanted for Drug Charges
Panel finds no Fourth Amendment violation where officers kept firearms trained on suspected fugitive during felony arrest.
Ninth Circuit Revives San Bernardino Coverage Fight, Finds Aggregate Limit Ambiguous
Holding that the insurer's annual aggregate cap did not plainly apply to property damage, the panel reversed dismissal of the county's declaratory judgment claim and remanded for consideration of extrinsic evidence.
Ninth Circuit Affirms Seattle's Gig-Worker Deactivation Law, Rejects First Amendment Challenge
Panel holds that ordinance requiring platforms to disclose deactivation policies regulates nonexpressive conduct or, alternatively, commercial speech subject to lower scrutiny.
Ninth Circuit holds EPA must conduct ESA consultation before issuing nonbinding Clean Water Act recommendations
In a 2-1 decision, the panel ruled that Section 7 of the Endangered Species Act applies to the EPA's development of nationwide water-quality criteria under CWA Section 304(a), rejecting the agency's argument that such guidance is not 'agency action' and expanding standing for environmental plaintiffs.
En Banc Ninth Circuit Upholds Oxnard Campaign Contribution Caps, Applies Deferential Review to Anti-Corruption Interest
The full court affirmed municipal limits of $500 per individual for city council candidates, holding that the city met the low evidentiary bar for its anti-corruption interest and that the limits were closely drawn under Randall v. Sorrell.
Ninth Circuit Holds IDEA Claims for Failure to Assess Accrue When Parents Knew or Should Have Known of FAPE Denial; Later Diagnosis Does Not Restart Clock
Panel reverses $510,960 compensatory education award, adopting Third Circuit's interpretation of § 1415(f)(3)(C) and rejecting per se rule that a new diagnosis tolls the two-year deadline.
Ninth Circuit Vacates Insider-Trading Conviction, Rules Judges Can't Delegate Juror-Bias Inquiry to Jurors
In United States v. Bolandian, the court held a trial judge's duty to investigate a juror's expressed doubts about impartiality cannot be waived by defense counsel's silence or agreement, ordering a new trial.
Ninth Circuit Blocks California's Federal-Officer ID Mandate, Citing Supremacy Clause
A Ninth Circuit panel enjoined enforcement of the 'No Vigilantes Act' identification requirement against federal agencies, holding the United States is likely to prevail on its claim that the law directly regulates federal law enforcement operations.
Ninth Circuit Won't Rehear California Switchblade Ban Fight
The Ninth Circuit declined to revisit a Second Amendment challenge to California's switchblade regulations, leaving intact a panel ruling that rejected a facial attack on the law.
Ninth Circuit Says Nevada Habeas Appeal Moot After New Plea
A Ninth Circuit panel dismissed Nevada's appeal from an order vacating Lamar Brown's felony conviction, saying the state could not unwind a later misdemeanor plea deal it had already secured.
Ninth Circuit Vacates Murder-For-Hire Solicitation Counts
A published Ninth Circuit panel held that murder-for-hire resulting in death is not categorically a crime of violence under the federal solicitation statute, requiring two convictions against James Terry Henrikson to be vacated.
Ninth Circuit Revives FCA Suit Over Mortgage Lender's PPP Loan
A published panel ruling says a public PPP database and a company website did not, on this record, bar a qui tam suit accusing CalCon of misrepresenting its loan eligibility.
Ninth Circuit Says Ex-Netflix Worker Must Arbitrate Harassment Suit
A published panel held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act did not reach claims and a workplace dispute that arose before the statute took effect.
Ninth Circuit Keeps Drug-Trafficking Bar After Loper Bright
The panel said a Gambian man's methamphetamine conviction remained a particularly serious crime that barred withholding of removal despite his challenge to Chevron-era precedent.
Ninth Circuit Backs South Coast AQMD Zero-NOx Appliance Rule
A divided Ninth Circuit said federal energy-efficiency law does not preempt Southern California air regulators’ zero-emissions appliance rule adopted to meet Clean Air Act ozone obligations.