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The Ninth Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of petitioner's motion to suppress evidence. In this case, petitioner was on a fishing trip with friends when his boat lost power. When Coast Guard officers arrived to tow the boat, they detained petitioner and subsequently placed him in removal proceedings. The panel held that petitioner made a prima facie showing that the Coast Guard officers who detained him violated 8 C.F.R. 287.8(b)(2), which requires that an immigration officer have reasonable suspicion, based on specific articulable facts that a person is, or is attempting to be, engaged in an offense against the United States, or is an alien illegally in the United States, in order for the immigration officer to briefly detain the person for questioning. In this case petitioner was detained solely on the basis of his race and his detention was contrary to the requirements of section 287.8(b)(2). Furthermore, the violation alleged by petitioner was egregious both for its grotesque nature and its patent unlawfulness. View "Sanchez v. Sessions" on Justia Law

Posted in: Immigration Law

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A defendant who travels to Nevada and commits an intentional tort there can be sued in that state, absent circumstances that would make such a suit unreasonable. The Ninth Circuit reversed the district court's dismissal of an action alleging that John Schmidt made defamatory statements about Freestream Aircraft (Bermuda) Limited at an aviation industry conference in Nevada. The panel held, under the minimum contacts test and the applicable authority, that there was specific jurisdiction in Nevada. In this case, Nevada's exercise of personal jurisdiction over defendants comported with constitutional due process because all three prongs of the minimum contacts test for specific jurisdiction were satisfied. View "Freestream Aircraft (Bermuda) Ltd. v. Aero Law Group" on Justia Law

Posted in: Civil Procedure

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The Ninth Circuit affirmed the district court's denial of defendants' motion to suppress incriminating statements intercepted by government wiretaps. The panel held that the affidavits submitted by the FBI in support of the wiretap authorization were reasonably detailed, and did not contain a material misstatement or omission. Furthermore, the district court did not abuse its discretion in determining that the wiretaps were necessary. In this case, it was not illogical or implausible to conclude that the possibility of using a high-level confidential informant was unlikely to result in the successful prosecution of every member of the conspiracy. View "United States v. Estrada" on Justia Law

Posted in: Criminal Law

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The Ninth Circuit certified the following questions to the Oregon Supreme Court: 1. Is Oregon first-degree robbery, Or. Rev. Stat. 164.415, divisible? 2. Is Oregon second-degree robbery, id. 164.405, divisible? 3. Put another way, is jury unanimity (or concurrence) required as to a particular theory chosen from the listed subparagraphs of each statute? View "United States v. Lawrence" on Justia Law

Posted in: Criminal Law

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The en banc court reversed the district courts' dismissals of actions concerning tip credits toward servers' and bartenders' wages under the Fair Labor Standards Act (FLSA). Plaintiffs alleged that their employers abused the tip credit provision by paying them a reduced tip credit wage and treating them as tipped employees when they were engaged in either (1) non-tipped tasks unrelated to serving and bartending; or (2) non-incidental tasks related to serving or bartending. The court held that the Department of Labor foreclosed an employer's ability to engage in this practice by promulgating a dual jobs regulation, 29 C.F.R. 531.56(e), and subsequently interpreting that regulation in its 1988 Field Operations Handbook (the Guidance). The en banc court held that the regulation was entitled to Chevron deference; and the agency's interpretation in the Guidance was entitled to Auer deference because the regulation was ambiguous and the Guidance's interpretation was both reasonable and consistent with the regulation. The en banc court reversed and remanded, holding that plaintiffs have stated a claim under the FLSA for minimum wage violations. View "Marsh v. J. Alexander's LLC" on Justia Law

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Under the ADA Amendments Act (ADAAA), the scope of the ADA's "regarded-as" definition of disability was expanded. The plaintiff must show, under the ADAAA, that he has been subjected to a prohibited action because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. In this case, plaintiff filed suit against HIE, alleging disability discrimination under the ADA and state law claiming that HIE terminated him because of his shoulder injury. The Ninth Circuit held that plaintiff established a genuine issue of material fact as to whether his employer regarded him as having a disability. The panel held that the district court erred in concluding, as a matter of law, that plaintiff was not regarded-as disabled. Furthermore, the district court erred in concluding that plaintiff did not meet the "physical" definition of disability under the ADA. View "Nunies v. HIE Holdings" on Justia Law

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The Ninth Circuit certified the following question to the Washington Supreme Court: Under what circumstances, if any, does obesity qualify as an "impairment" under the Washington Law against Discrimination, Wash. Rev. Code 49.60.040? View "Taylor v. Burlington Northern Railroad Holdings Inc." on Justia Law

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The Securities Litigation Uniform Standards Act (SLUSA) barred a plaintiff class from bringing a covered class action based on state law claims alleging that the defendants made a misrepresentation or omission or employed any manipulative or deceptive device in connection with the purchase or sale of a covered security. The panel held, in this case, that SLUSA precluded all of Northstar's claims against Schwab and that the district court correctly dismissed them. However, the panel held that the district court erred in dismissing the claims with prejudice. View "Northstar Financial Advisors v. Schwab Investments" on Justia Law

Posted in: Securities Law

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The Ninth Circuit affirmed the district court's judgment for plaintiffs in an action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This case involved Teck Metals' liability for dumping several million tons of industrial waste into the Columbia River. Determining that it had jurisdiction, the panel held that the district court properly awarded the Colville Tribes all investigation expenses as costs of removal, even though many of these activities played double duty supporting both cleanup and litigation efforts; the district court properly awarded the Colville Tribes their attorney's fees, and the panel did not disturb the finding that approximately $4.86 million was a reasonable award in this case; and Teck did not make a sufficient showing to establish that liability for environmental harm to the Site was theoretically capable of apportionment. View "Pakootas v. Teck Cominco Metals, Ltd." on Justia Law

Posted in: Environmental Law

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The Ninth Circuit affirmed the district court's decision affirming the bankruptcy court's summary judgment denying discharge of two individual Chapter 11 debtors' debt arising from a state-court judgment for fraud and misrepresentation. The panel held that the Chapter 11 plan provided for the liquidation of all or substantially all of the property of the bankruptcy estate under 11 U.S.C. 1141(d)(3)(A); debtors did not engage in business after consummation of the Chapter 11 plan, because they were simply employees in businesses owned or operated by others; and, assuming that section 1141(d)(3) does not require that the debtor engage in a pre-petition business, the statute was not satisfied by mere employment in someone else's business after consummation of a Chapter 11 plan. View "Hyun J. Um v. Spokane Rock I, LLC" on Justia Law

Posted in: Bankruptcy