Ninth Circuit

LAWRENCE SALISBURY V. CITY OF SANTA MONICA, 20-55039

Date filed: 04/16/2021

Panel: Bea (author) Sixth Circuit Judge Thapur Collins Affirming the district court’s summary judgment in favor of the City of Santa Monica, the panel held that the Fair Housing Amendments Act of 1988 does not require landlords to accommodate the disability of an individual who neither entered into a lease nor paid rent in exchange for the right to occupy the premises.

KEVIN POULSEN V. DEPARTMENT OF DEFENSE, 19-16430

Date filed: 04/16/2021

Panel: Wardlaw (author) Collins (concurring in part and concurring in the judgment) Court of International Trade Judge Eaton (dissenting) The panel reversed the district court’s denial of a motion for attorneys’ fees and remanded in a Freedom of Information Act lawsuit against the Department of Justice.

ARACELY MARINELARENA V. MERRICK GARLAND, 14-72003 - En Banc Order

Date filed: 04/16/2021

En Banc Court: Thomas Tashima Graber W. Fletcher Berzon Rawlinson Bybee M. Smith Ikuta Watford Friedland On remand from the Supreme Court, the en banc court remanded the case to the three-judge panel for further consideration in light of Pereida v. Wilkinson, 141 S. Ct. 754 (2020).

STEPHEN BAFFORD V. NORTHROP GRUMMAN CORP., 20-55222

Date filed: 04/15/2021

Panel: Sixth Circuit Judge Boggs M. Smith (author) Murguia The panel affirmed in part and vacated in part the district court’s dismissal of an action brought by members of an employee pension plan, alleging breach of fiduciary duty under the Employee Retirement Income Security Act and state-law professional negligence and negligent misrepresentation claims.

USA V. STATE OF WASHINGTON, 19-35673

Date filed: 04/15/2021

Panel: Clifton M. Smith (author) District Judge Donato Concurring in the denial of rehearing en banc: M. Smith Dissenting from the denial of rehearing en banc: Collins, joined by Callahan, Bennett, and Bress The panel filed an order amending its opinion, denying a petition for panel rehearing, and denying on behalf of the court a petition for rehearing en banc; and an amended opinion affirming the district court’s summary judgment in favor of the State of Washington, upholding HB 1723, which amended Washington’s workers’ compensation scheme and established for workers at the Hanford site – a decommissioned federal nuclear production site – a presumption that certain conditions and cancers are occupational diseases that is rebuttable only by clear and convincing evidence.

ROBERT THOMAS V. CALPORTLAND COMPANY, 20-70541

Date filed: 04/14/2021

Panel: McKeown Hunsaker (author) Bumatay The panel granted a petition for review of a decision of the Federal Mine Safety and Health Review Commission that concluded that the petitioner failed to prove a prima facie case of discrimination under Section 105(c) of the Mine Safety and Health Act, and remanded for further proceedings.

SHANNON ZOLLER V. GCA ADVISORS, LLC, 20-15595

Date filed: 04/14/2021

Panel: Wallace (author) M. Smith Court of International Trade Judge Restani The panel reversed the district court denial of defendants’ motion to compel arbitration of statutory employment discrimination and civil rights claims, and remanded with the direction that all claims be sent to arbitration and the case be dismissed without prejudice.

USA V. BENJAMIN KOZIOL, 19-50018

Date filed: 04/13/2021

Panel: Bea Bade (author) District Judge Drain The panel affirmed a conviction for attempted extortion under the Hobbs Act, 18 U.S.C. § 1951(a), for threatening to file against a well-known entertainer a suit asserting salacious and scandalous allegations if the entertainer didn’t settle for $1,000,000; vacated the sentence; and remanded for resentencing.

ISRAEL ALVARADO-HERRERA V. MERRICK GARLAND, 18-70191

Date filed: 04/13/2021

Panel: Watford (author) Friedland Miller The panel granted in part, denied in part, and dismissed in part, Israel Alvarado-Herrera’s petition for review of an immigration judge’s decision affirming an asylum officer’s negative reasonable fear determination in reinstatement proceedings, and remanded with instructions.

JOHN BENAVIDEZ V. COUNTY OF SAN DIEGO, 19-55274

Date filed: 04/12/2021

Panel: Berzon Collins (concurring in the judgment) Court of International Trade Judge Katzmann (author) The panel affirmed in part and reversed in part the district court’s dismissal of an action brought pursuant to 42 U.S.C. § 1983 asserting that County social workers used judicial deception and violated plaintiffs’ constitutional rights in securing a juvenile court order resulting in the medical examinations of plaintiffs’ minor children while the children were in protective custody, without notice to the parents or their consent.

USA V. RAMI GHANEM, 19-50278

Date filed: 04/12/2021

Panel: Sixth Circuit Judge Boggs (author) M. Smith Murguia The panel vacated a conviction for conspiracy to violate 18 U.S.C. § 2332g, which prohibits illicit dealings in guided surface-to-air missiles; vacated the sentence; and remanded for further proceedings.

USA V. MANUEL GRIMALDO, 19-50151

Date filed: 04/12/2021

Panel: M. Smith Lee (author) District Judge Cardone The panel granted the government’s petition for rehearing, and amended its January 27, 2021, opinion that (1) affirmed the district court’s refusal to strike arrest allegations in a presentence report, (2) vacated sentences for simple possession of methamphetamine and felon-in-possession of a firearm, and (3) remanded for resentencing.

USA V. PATRICIA ARUDA, 20-10245

Date filed: 04/08/2021

Panel: Wardlaw Gould Owens The panel vacated the district court’s order denying the defendant’s motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), and remanded, in a case in which the district court, citing U.S.S.G. § 1B1.13, determined that the defendant’s release was unwarranted based on the 18 U.S.C. § 3553(a) factors and the danger she posed to the community.

DANIELA PRODANOVA V. H.C. WAINWRIGHT & CO., 19-56048

Date filed: 04/08/2021

Panel: Gould Lee (author) VanDyke Affirming the district court’s dismissal of a securities fraud action against an investment bank, the panel held that the complaint failed sufficiently to allege scienter.

EAST BAY SANCTUARY COVENANT V. MERRICK GARLAND, 19-16487

Date filed: 04/08/2021

Panel: W. Fletcher (author) Clifton (concurring) Miller (concurring in part and dissenting in part) The panel filed: 1) an order denying on behalf of the court a petition for rehearing en banc and amending the opinion filed on July 6, 2020; and 2) an amended opinion affirming the district court’s grant of a preliminary injunction against enforcement, in the four states on the United States-Mexico border, of a Department of Justice and Department of Homeland Security joint interim final rule, entitled “Asylum Eligibility and Procedural Modifications,” which—with limited exceptions—categorically denies asylum to aliens arriving at the border with Mexico unless they have first applied for, and have been denied, asylum in Mexico or another country through which they have traveled.

JEAN RUSTICO V. INTUITIVE SURGICAL, INC., 20-15009

Date filed: 04/06/2021

Panel: Wardlaw Bea (author) District Judge Cain The panel affirmed the district court’s summary judgment in favor of Intuitive Surgical, Inc., and held that a diversity product liability action was barred by the two-year statute of limitations in Cal. Code of Civ. Pro. § 335.1.

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