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The Ninth Circuit dismissed for lack of jurisdiction relators' appeal of the district court's dismissal of their qui tam suit against UOPX. The panel held that the appeal was untimely because relators' post-judgment motion, although styled as a Fed. R. Civ. P. 59(e) motion, was in substance a motion only to stay the entry of judgment, which did not toll the time to file a notice of appeal. View "United States ex. rel. Hoggett v. University of Phoenix" on Justia Law

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Plaintiff filed suit alleging that Deputy Doug Lieurance's issuance of a misdemeanor citation to plaintiff for obstructing a buffalo herding operation violated plaintiff's constitutional rights. The Ninth Circuit held that defendants were not entitled to summary judgment on the unlawful seizure claim because the panel could not conclude as a matter of law that a reasonably prudent officer in the deputy's situation would have had probable cause to believe plaintiff committed obstruction and the district court improperly weighed evidence favorable to plaintiff against other evidence presented, failing to draw all inferences in plaintiff's favor; the district court did not first provide plaintiff notice and an opportunity to respond before dismissing the failure-to-train claim for failure to satisfy Rule 12(b)(6); the district court abused its discretion by excluding the entirety of plaintiff's police practices expert's testimony; the district court committed reversible procedural error in granting judgment as a matter of law on plaintiff's First Amendment and related state claims without first providing him notice of the grounds for the decision; the district court improperly resolved numerous factual disputes reserved for the jury; and the panel lacked jurisdiction to review the district court's denial without prejudice of defendants' attorney fees motion. Accordingly, the court dismissed in part, reversed in part, and remanded. View "Reed v. Lieurance" on Justia Law

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ILWU and PMA jointly filed suit against ICTSI under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. 185, asking it to order ICTSI to comply with recently issued Joint Committee decisions. ICTSI counterclaimed and alleged, among other things, that ILWU and PMA violated Sections 1 and 2 of the Sherman Act, 15 U.S.C. 1, 2, through their agreement to assign the disputed work to ILWU and their actions taken to enforce such agreement. The district court granted partial final judgment and dismissed ICTSI's antitrust counterclaim with prejudice. All other issues remained stayed in the district court pending the resolution of related NLRB proceedings. The Ninth Circuit affirmed and held that the district court did not err by entering partial final judgment under Fed. R. Civ. P. 54(b); ICTSI had standing to bring its antitrust counterclaim; the section 301 suit was covered by Noerr-Pennington immunity; and the nonstatutory exemption shields the alleged Joint Activity of ILWU and PMA from antitrust scrutiny and ICTSI's counterclaim was properly dismissed. View "International Longshore & Warehouse Union v. ICTSI Oregon, Inc." on Justia Law

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The zone of special danger doctrine can apply to local nationals working in their home countries under employment contracts covered by the Longshore and Harbor Workers' Compensation Act, as extended by the Defense Base Act (DBA). The Ninth Circuit denied a petition for review of a decision of the United States Department of Labor's Benefits Review Board (BRB) awarding disability benefits, pursuant to the DBA, to Edwin Jentil. Jentil was employed by a U.S. government contractor when he was injured. The panel held that the ALJ and BRB did not commit legal error by applying the zone of special danger doctrine to Jetnil. In this case, substantial evidence supported the ALJ and BRB's decision that Jetnil was entitled to disability benefits because his injury arose out of the zone of special danger associated with his employment. View "Chugach Management Services v. Jetnil" on Justia Law

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The Ninth Circuit adopted the persuasive reasoning of the Second Circuit and held that the United Nations Convention Against Transnational Organized Crime (UN-CATOC) does not provide an independent basis for relief from removal in immigration proceedings. In this case, the panel denied the petition for review of the BIA's denial of withholding of removal and protection under the Convention Against Torture (CAT). The panel held that the BIA did not err in concluding that petitioner was not persecuted on account of his political opinion, whistleblower status, nor his membership in a particular social group of former police officers. Rather, petitioner's attackers told him that he was being attacked because of his role in a drug-trafficking investigation. The panel also held that, because the UN-CATOC has not been implemented through congressional legislation and was not self-executing as to the relief sought here, petitioner may not rely on its provisions for relief from removal. View "Sanjaa v. Sessions" on Justia Law

Posted in: Immigration Law

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The Ninth Circuit granted a petition for review of the BIA's dismissal for lack of jurisdiction an appeal of an IJ's negative reasonable fear determination in reinstatement removal proceedings. The panel found that the final administrative order was the BIA's dismissal of petitioner's appeal and thus petitioner timely filed his petition for review within 30 day's of the BIA's decision. The panel also held that the government waived any challenge to the arguments raised by petitioner because the government did not offer any argument on the merits of this petition. Accordingly, the court remanded for further consideration. View "Valencia Martinez v. Sessions" on Justia Law

Posted in: Immigration Law

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The Tribe filed suit seeking a declaration that it has the right to investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator encountered on the reservation to the proper authorities. The Ninth Circuit held that the first amended complaint raised a federal question that provided federal courts with subject matter jurisdiction under 28 U.S.C. 1331; the Tribe has presented a prudentially ripe case or controversy and the case is constitutionally ripe as well; and the district court's conclusion that the Tribe's response letter mooted all controversies between the parties was erroneous. Accordingly, the court reversed and remanded. View "Bishop Paiute Tribe v. Inyo County" on Justia Law

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Plaintiff, an Arizona state prisoner, filed suit pro se in state court that was subsequently removed by defendant to federal court. The district court dismissed the suit as frivolous and denied pending motions without separately considering plaintiff's motion seeking appointment of a representative or guardian ad litem (GAL) to protect his interests. The Ninth Circuit agreed that the suit was frivolous but ordered a limited remand to evaluate plaintiff's competence and to consider the appointment of a GAL. The panel agreed with the district court's conclusion on remand that it was not required to evaluate plaintiff's competence because he had no interest in this case that could have been protected by appointment of a GAL or issuance of another order under Fed. R. Civ. P. 17(c)(2). Because plaintiff had incurred at least three strikes from prior cases, he was already subject to the limitations imposed under 28 U.S.C. 1915(g) and could not be adversely impacted by whatever happened in this case. View "Harris v. Mangum" on Justia Law

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The nondisclosure requirement in 18 U.S.C. 2709 is a content-based restriction on speech that is subject to strict scrutiny, and the nondisclosure requirement withstands such scrutiny. In this case, petitioners challenged the law authorizing the FBI to prevent a recipient of a national security letter (NSL) from disclosing the fact that it has received such a request. Applying strict scrutiny, the Ninth Circuit held that national security is a compelling government interest and the nondisclosure requirement of section 2709(c) is narrowly tailored to serve that compelling interest. Assuming the nondisclosure requirement is the type of prior restraint for which the Freedman v. Maryland, 380 U.S. 51 (1965), procedural safeguards are required, the NSL law provides those safeguards. Therefore, the nondisclosure requirement in the NSL law does not run afoul of the First Amendment. View "Under Seal v. Sessions" on Justia Law

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The Ninth Circuit reversed the district court's grant of habeas relief and held that petitioner's claim was barred by her failure to exhaust available state court remedies, and was untimely under Federal Rule of Civil Procedure 15(c). Even assuming that futility persists as a potential exception to AEDPA's exhaustion requirement, it did not excuse petitioner's failure to exhaust her state court remedies in this instance. Furthermore, the fact that petitioner's claim implicates delay in California's post-conviction process did not excuse her failure to exhaust her present claim. The panel held that neither relation back nor the emergence of new facts rendered petitioner's claim timely. View "Alfaro v. Johnson" on Justia Law