Ninth Circuit

RACHEL STOVER V. EXPERIAN HOLDINGS, INC., 19-55204

Date filed: 10/21/2020

Panel: M. Smith (author) Owens District Judge Cardone The panel affirmed the district court’s order compelling arbitration in an action seeking damages and injunctive relief under the Fair Credit Reporting Act and state law based on plaintiff’s purchase of the Experian Credit Score subscription service in 2014.

CHRISTOPHER MARINO V. OCWEN LOAN SERVICING LLC, 19-15530

Date filed: 10/20/2020

Panel: Paez Bea (concurring) District Judge Adelman (author) The panel affirmed the district court’s summary judgment in favor of the defendant in an action alleging a violation of the Fair Credit Reporting Act’s prohibition against obtaining a consumer credit report without a permissible purpose.

AGUSTIN ORTEGA-LOPEZ V. WILLIAM BARR, 18-72441

Date filed: 10/20/2020

Panel: Gould Ikuta (author) District Judge Ezra Denying a petition for review of a decision of the Board of Immigration Appeals, the panel deferred to the BIA’s conclusions that: 1) the offense of knowingly sponsoring or exhibiting an animal in a fighting venture under 7 U.S.C. § 2156(a)(1) is a crime involving moral turpitude; and 2) an alien who has been convicted of a crime involving moral turpitude, for which a sentence of one year or longer may be imposed, has been convicted of an offense under 8 U.S.C. § 1227(a)(2) that makes the alien ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1)(C).

MI FAMILIA VOTA V. KATIE HOBBS, 20-16932 - Order

Date filed: 10/13/2020

Motions Panel: W. Fletcher Berzon Bybee (concurring in the stay but dissenting from the remedy) [per curiam] The panel granted the Arizona Secretary of State’s specific request for a prospective stay pending appeal, with a two-day grace period, of the district court’s preliminary injunction which (1) enjoined the enforcement of Arizona’s October 5, 2020 deadline for registering to vote; and (2) extended the deadline by eighteen days to October 23, 2020.

RANDALL CHILDRESS V. COSTCO, 19-35441 - Order

Date filed: 10/19/2020

Panel: Bybee Collins District Judge Soto The panel certified to the Montana Supreme Court the following question: Whether, under Montana law, parasitic emotional distress damages are available for an underlying negligence claim for personal property damages or loss.

SENSORY NEUROSTIMULATION, INC. V. ALEX AZAR, II, 19-55036

Date filed: 10/16/2020

Panel: Schroeder Collins District Judge Baylson (author) The panel affirmed the district court’s dismissal for lack of jurisdiction of a lawsuit brought by a medical device supplier seeking to have Medicare “cover” the supplier’s product.

INDEX NEWSPAPERS LLC V. UNITED STATES MARSHALS SERVICE, 20-35739 - Order

Date filed: 10/09/2020

Motions Panel: O’Scannlain (dissenting) Rawlinson Christen The panel denied federal defendants’ emergency motion for a stay pending appeal in an action alleging that during protests in Portland, Oregon, law enforcement agents intentionally targeted and used physical force and other forms of intimidation against journalists and authorized legal observers for the purpose of preventing or deterring them from observing and reporting on unreasonably aggressive treatment of lawful protestors.

INTELICLEAR, LLC V. ETC GLOBAL HOLDINGS, 19-55862

Date filed: 10/15/2020

Panel: Gould (author) Ikuta District Judge Ezra The panel reversed the district court’s grant of summary judgment in favor of ETC Global Holdings, Inc. in an action alleging that ETC misused InteliClear, LLC’s securities trading tracking system.

JONATAN CORTES-MALDONADO V. WILLIAM BARR, 18-70927

Date filed: 10/15/2020

Panel: McKeown Paez (author) District Judge Huck The panel granted Jonatan Cortes-Maldonado’s petition for review of a decision of the Board of Immigration Appeals, and remanded, holding that Oregon’s former marijuana delivery statute, Or. Rev. Stat. § 475.860 (2011), is not an “illicit trafficking of a controlled substance” offense, and thus, Cortes-Maldonado’s conviction for that offense did not make him removable as an aggravated felon.

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