Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

Zayn Al-Abidin Muhammad Husayn, also known as Abu Zubaydah, was captured in Pakistan in March 2002, suspected of being an Al Qaeda leader. He was transferred to a CIA-operated secret prison where he was subjected to "enhanced interrogation techniques" by James Mitchell and John Jessen, psychologists contracted by the CIA. These techniques included waterboarding, sleep deprivation, and confinement in small boxes, which Zubaydah alleges amounted to torture. He was later transferred to Guantanamo Bay, where he remains detained as an enemy combatant.Zubaydah filed a lawsuit under the Alien Tort Statute seeking damages for the injuries he suffered during his detention and interrogations. The United States District Court for the Eastern District of Washington dismissed the case, citing lack of jurisdiction under the Military Commissions Act (MCA) of 2006, which denies federal courts jurisdiction over certain actions relating to the detention and treatment of enemy combatants by the United States and its agents.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's dismissal. The Ninth Circuit held that the MCA deprived the district court of jurisdiction because Zubaydah's claims related to his detention and treatment by the defendants, who were considered agents of the United States. The court found that the CIA had authorized, controlled, and ratified the defendants' actions, thereby establishing an agency relationship. Consequently, the MCA barred the court from hearing Zubaydah's claims. The decision was affirmed. View "HUSAYN V. MITCHELL" on Justia Law

Thomas Keller, a physician specializing in pain management, was convicted of prescribing controlled substances outside the scope of professional practice. Keller was known for prescribing large quantities of opioids, which led to a federal investigation. During the investigation, agents seized a journal from Keller's residence, which contained patient information and medical notes. Keller was subsequently indicted on federal charges, including unlawfully dispensing controlled substances and health care fraud. He was convicted on four counts of distributing controlled substances outside the scope of professional practice.The United States District Court for the Northern District of California denied Keller's motion to suppress the journal, finding it fell within the scope of the search warrant and was supported by probable cause. The court also declined to hold an evidentiary hearing on the suppression motion, ruling that Keller's allegations did not establish contested issues of fact. Additionally, the court rejected Keller's argument that the charges violated the nondelegation doctrine, holding that the Attorney General's regulations were within the scope of authority delegated by Congress. Keller was sentenced to 30 months in prison and 3 years of supervised release.The United States Court of Appeals for the Ninth Circuit affirmed Keller's conviction and sentence. The court held that the district court did not err in denying the motion to suppress the journal, as it was properly seized under the search warrant. The court also found no abuse of discretion in the district court's decision not to hold an evidentiary hearing. The court upheld the constitutionality of the nondelegation doctrine as applied to Keller's charges. Finally, the court ruled that the district court correctly calculated Keller's sentencing range using the drug conversion ratio found in the Sentencing Guidelines commentary, as it was properly incorporated into the Guidelines. View "United States v. Keller" on Justia Law

The Bonneville Power Administration (BPA), a federal agency responsible for marketing power generated at federal hydroelectric facilities in the Columbia River Basin, holds financial reserves to maintain stable rates. When these reserves exceed a certain threshold, BPA is required to spend the excess. In fiscal years 2022 and 2023, BPA decided to allocate only about 10 percent of its excess reserves to fish and wildlife mitigation efforts, prompting environmental groups led by the Idaho Conservation League (ICL) to challenge this decision.The environmental groups argued that BPA's decision violated its obligations under section 4(h)(11)(A) of the Pacific Northwest Electric Power Planning and Conservation Act (NWPA), which requires BPA to provide equitable treatment for fish and wildlife and to consider the Council's environmental mitigation program to the fullest extent practicable. BPA contended that section 4(h)(11)(A) did not apply to its financial decisions regarding the allocation of excess reserves.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the petitions for review were timely filed within 90 days of BPA's final allocation decisions. The court also determined that the cases were not moot, as the issues raised were capable of repetition while evading review.On the merits, the Ninth Circuit concluded that BPA's allocation of its excess financial reserves was not subject to the requirements of section 4(h)(11)(A) of the NWPA. Instead, the court found that section 4(h)(10)(A) specifically addresses BPA's use of the excess financial reserve fund for fish and wildlife and does not require the same level of prioritization as section 4(h)(11)(A). Consequently, the court denied the petitions for review. View "IDAHO CONSERVATION LEAGUE V. BONNEVILLE POWER ADMINISTRATION" on Justia Law

Hector Cervantes-Torres was convicted in 2014 of being a felon in possession of a firearm, possessing a firearm as an alien unlawfully present in the United States, and being an alien found unlawfully present in the United States following deportation. Five years later, the Supreme Court ruled in Rehaif v. United States that a defendant’s knowledge of their status as a person barred from possessing a firearm is a necessary element of a § 922(g) conviction. Cervantes-Torres filed a coram nobis petition in 2021 to vacate his § 922(g)(1) and § 922(g)(5) convictions due to the lack of a Rehaif instruction at his trial.The district court granted the petition for the § 922(g)(1) conviction but denied it for the § 922(g)(5) conviction. The court found that there was a reasonable probability that the jury could have reached a different verdict regarding the § 922(g)(1) conviction due to the expungement of Cervantes-Torres’s felony drug conviction. However, for the § 922(g)(5) conviction, the court concluded that no reasonable jury could find that Cervantes-Torres was unaware of his unlawful status, given his deportation, false statements on his green card application, and a letter from USCIS informing him of his lack of lawful status.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s partial denial of Cervantes-Torres’s petition. The panel held that even under the standard of review for a direct appeal, Cervantes-Torres could not prevail. The court found that there was no reasonable probability that the jury would have reached a different result even if a Rehaif instruction had been given, due to the overwhelming evidence that Cervantes-Torres was aware of his unlawful status. Therefore, any error from the lack of a Rehaif instruction was not of the most fundamental character, and the district court’s decision was affirmed. View "Cervantes-Torres v. United States" on Justia Law

A plaintiff filed a putative class action against a dietary supplement company, alleging that the supplement Hydro BCAA was mislabeled. The plaintiff claimed that preliminary testing showed the supplement contained more carbohydrates and calories than listed on its FDA-prescribed label. The plaintiff tested the supplement using FDA methods but did not follow the FDA’s twelve-sample sampling process.The United States District Court for the Southern District of California dismissed the complaint, holding that the Food, Drug, and Cosmetic Act preempted the claims because the plaintiff did not plead that he tested the supplement according to the FDA’s sampling process. The district court noted a divide among district courts on whether plaintiffs must plead compliance with the FDA’s testing methods and sampling processes to avoid preemption.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the plaintiff’s complaint allowed a reasonable inference that the supplement was misbranded under the Act, even without allegations of compliance with the FDA’s sampling process. The court found that the plaintiff’s preliminary testing of one sample, which showed significant discrepancies in carbohydrate and calorie content, was sufficient to survive a motion to dismiss. The court emphasized that plaintiffs are not required to perform the FDA’s sampling process at the pleading stage to avoid preemption.The Ninth Circuit reversed the district court’s dismissal, allowing the plaintiff’s state-law claims to proceed. The court concluded that the plaintiff’s allegations were sufficient to avoid preemption and stated a plausible claim that the supplement was mislabeled under the Act. View "SCHEIBE V. PROSUPPS USA, LLC" on Justia Law

CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively, “CoStar”) and Commercial Real Estate Exchange, Inc. (“CREXi”) are online platforms competing in the commercial real estate listing, information, and auction markets. CoStar sued CREXi for copyright infringement, alleging that CREXi listed images and information hosted by CoStar without permission. CREXi counterclaimed on antitrust grounds, asserting that CoStar engaged in monopolistic practices to exclude competition.The United States District Court for the Central District of California dismissed CREXi’s antitrust counterclaims and directed entry of final judgment on those claims under Fed. R. Civ. P. 54(b). The district court held that CREXi failed to show CoStar had monopoly power and that the agreements at issue were not exclusive. CREXi appealed the dismissal of its antitrust counterclaims.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court’s dismissal of the antitrust counterclaims. The Ninth Circuit held that CREXi successfully stated claims under §§ 1 and 2 of the Sherman Act, California’s Cartwright Act, and the Unfair Competition Law. The court found that CREXi plausibly alleged CoStar had monopoly power in the relevant markets and engaged in anticompetitive conduct by entering into de facto exclusive deals with brokers and imposing technological barriers to entry. The court concluded that a monopolist using its power to exclude competitors and maintain monopoly power violates § 2 of the Sherman Act, and using exclusive deals to do so violates § 1 of the Sherman Act and the Cartwright Act. The court also held that CREXi stated claims under the “unfair” and “unlawful” prongs of the Unfair Competition Law. The Ninth Circuit affirmed the district court’s dismissal of CREXi’s tortious interference claims as they were improperly raised. The case was remanded for further proceedings. View "COSTAR GROUP, INC. V. COMMERCIAL REAL ESTATE EXCHANGE, INC." on Justia Law

Island Industries, Inc. filed a lawsuit under the False Claims Act (FCA) against Sigma Corporation, alleging that Sigma made false statements on customs forms to avoid paying antidumping duties on welded outlets imported from China. Island claimed that Sigma falsely declared that the products were not subject to antidumping duties and misrepresented the products as steel couplings instead of welded outlets. The jury found in favor of Island, concluding that Sigma was liable under the FCA.The United States District Court for the Central District of California presided over the case. Sigma requested a scope ruling from the Department of Commerce, which determined that Sigma’s welded outlets fell within the scope of the antidumping duty order on certain carbon steel butt-weld pipe fittings from China. The Court of International Trade and the Federal Circuit affirmed this ruling. Sigma’s appeal was stayed pending the Federal Circuit’s decision, which ultimately affirmed the scope ruling.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court’s judgment. The Ninth Circuit held that it had jurisdiction over the case and that the action did not need to be initiated in the Court of International Trade. The court also held that 19 U.S.C. § 1592, which provides a mechanism for the United States to recover fraudulently avoided customs duties, does not displace the FCA. The court rejected Sigma’s argument that it lacked an “obligation to pay” antidumping duties under the FCA and concluded that Island’s theory that Sigma violated the FCA by knowingly falsely declaring that no antidumping duties were owed was legally valid and supported by sufficient evidence. The court also found that the evidence at trial was sufficient to support the jury’s verdict under either of Island’s theories of liability. View "ISLAND INDUSTRIES, INC. V. SIGMA CORPORATION" on Justia Law

Plaintiffs, including individuals and organizations, challenged California's "one-gun-a-month" law, which restricts the purchase of more than one firearm within a 30-day period. They argued that this law violates the Second Amendment. The law, initially targeting concealable handguns, was expanded over time to include all firearms. Plaintiffs sought to purchase multiple firearms within the restricted period, claiming the law infringed on their constitutional rights.The United States District Court for the Southern District of California granted summary judgment in favor of the plaintiffs, holding that the law facially violates the Second Amendment. The court found that the law imposes a meaningful constraint on the right to acquire firearms, which is protected by the Second Amendment. The court also determined that the law is not supported by historical precedent.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's decision. The Ninth Circuit held that the Second Amendment protects the right to possess multiple firearms and the ability to acquire them without meaningful constraints. The court applied the framework from New York State Rifle & Pistol Association v. Bruen, which requires historical precedent to justify modern firearm regulations. The court found that California's law lacks historical support, as there is no tradition of similar regulations. The court concluded that the law is facially unconstitutional and affirmed the district court's summary judgment in favor of the plaintiffs. View "Nguyen v. Bonta" on Justia Law

A public benefit corporation, Lawyers for Fair Reciprocal Admissions (LFRA), challenged local rules of federal district courts in the Ninth Circuit. These rules require attorneys seeking general admission to be members in good standing of the bar of the state where the district court is located. LFRA argued that these rules prevent its members, who are barred in states outside the Ninth Circuit and do not wish to join another state bar, from seeking general admission to these federal district courts.The United States District Court for the District of Arizona dismissed LFRA’s amended complaint with prejudice. The court found that LFRA had standing to bring claims on behalf of its members, except for the Sixth Amendment claim, which lacked standing. The court dismissed the remaining claims for failure to state a claim, concluding that the Admission Rules did not violate constitutional, statutory, or procedural grounds as alleged by LFRA.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court’s dismissal with prejudice. The Ninth Circuit held that the Admission Rules are constitutional and do not violate separation of powers, federalism principles, the Privileges and Immunities Clauses, the Equal Protection Clause, the First Amendment, the Full Faith and Credit Act, the Rules Enabling Act, or procedural due process. The court also found that Rules 1 and 83 of the Federal Rules of Civil Procedure do not create a private right of action. The Ninth Circuit concluded that the district court did not abuse its discretion in dismissing the amended complaint without leave to amend, as the complaint could not be saved by amendment. The court also upheld the denial of LFRA’s motion for judgment on the pleadings as procedurally premature. View "Lawyers for Fair Reciprocal Admissions v. United States" on Justia Law

Environmental organizations challenged the EPA's decision not to revise technology-based pollution limits, guidelines, and standards (ELGs) for seven specific industrial categories under the Clean Water Act (CWA). The petitioners argued that the ELGs for these categories were outdated and did not reflect advances in pollution control technology.The EPA's decision was based on its Effluent Guidelines Program Plan 15, which used a Category Ranking Analysis to prioritize ELGs for revision. This analysis ranked industries based on the concentration and total load of pollutants discharged, using data from discharge monitoring reports (DMR data) from direct dischargers. The EPA did not consider data from indirect dischargers or unregulated pollutants in this analysis. The EPA concluded that revising the ELGs for the seven categories was not a priority based on this analysis.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the EPA's refusal to revise the ELGs constituted final agency action and was reviewable under the Administrative Procedure Act (APA). The court found that the EPA's reliance on the Category Ranking Analysis was arbitrary and capricious because it failed to consider advances in pollution control technology, pretreatment standards for indirect dischargers, and unregulated pollutants. The court also found that the EPA's decision regarding the plastics molding and forming category was arbitrary and capricious due to inadequate explanation.The court granted the petition for review in part, remanding the case to the EPA to reconsider its decision or provide a fuller explanation. The court emphasized that the EPA must offer a reasoned justification for its decisions consistent with the CWA and APA. View "Waterkeeper Alliance v. Environmental Protection Agency" on Justia Law