Justia U.S. 9th Circuit Court of Appeals Opinion Summaries
Articles Posted in 2013
Ahearn v. Int’l Longshore & Warehouse Union
This case arose when EGT filed charges against the Union with the Board after the Union engaged in protest activities at the site of a grain terminal operated by EGT. On appeal, the Union challenged the district court's contempt awards. The court concluded that the district court did not abuse its discretion when it awarded compensatory damages to EGT and that the record supported the amount of damages awarded to EGT. The court concluded, however, that the district court abused its discretion when it awarded compensatory damages to BNSF and the various law enforcement agencies that responded to the scenes of the Union's protests, because these entities were not parties to the underlying Board action. Accordingly, the court affirmed in part and reversed in part. View "Ahearn v. Int'l Longshore & Warehouse Union" on Justia Law
John v. Alaska Fish and Wildlife Conservation Fund
These consolidated appeals concerned the 1999 Final Rules, identifying which navigable waters within Alaska constituted "public lands," promulgated by the Secretaries to implement part of the Alaska National Interstate Lands Conservation Act (ANILCA), 16 U.S.C. 3101-3233. The court concluded that Katie John I was a problematic solution to a complex problem, in that it sanctioned the use of a doctrine ill-fitted to determining which Alaskan waters were "public lands" to be managed for rural subsistence priority under ANILCA; but Katie John I remains the law of this circuit and the court, like the Secretaries, must apply it the best it can; in the 1999 Rules, the Secretaries have applied Katie John I and the federal reserved water rights doctrine in a principled manner; it was reasonable for the Secretaries to decide that the "public lands" subject to ANILCA's rural subsistence priority included the waters within and adjacent to federal reservations; and reserved water rights for Alaska Native Settlement allotments were best determined on a case-by-case basis. View "John v. Alaska Fish and Wildlife Conservation Fund" on Justia Law
California Ass’n of Rural Health Clinics v. Douglas
The Clinics filed suit challenging California Welfare and Institutions Code 14131.10, which eliminated certain Medi-Cal benefits that the state deemed optional, including adult dental, podiatry, optometry, and chiropractic services. The court reversed the district court's holding that the Clinics have a private right of action to challenge the Department's implementation of the state plan amendments (SPA) prior to obtaining approval; affirmed that the Clinics have a private right of action to bring a claim pursuant to 42 U.S.C. 1983 challenging the validity of section 14131.10; and reversed the district court's interpretation of the Medicaid Act, 42 U.S.C. 1396 et seq., holding that section 14131.10 impermissibly eliminated mandatory services from coverage. View "California Ass'n of Rural Health Clinics v. Douglas" on Justia Law
Chamness v. Maldonado
Plaintiffs challenged the constitutionality of certain sections of California Senate Bill 6 (SB 6). SB 6, implementing California's Proposition 14 (Prop. 14), fundamentally changes the California election system by eliminating party primaries and general elections with party-nominated candidates, and substituting a nonpartisan primary and a two-candidate runoff. The court concluded that it had jurisdiction over the appeal; Plaintiff Chamness' case was not moot where his claim was capable of repetition because future election administrators would deny him the ability to use the designation "Independent" on the primary ballot; Plaintiffs Frederick's and Wilson's appeal were moot because they only sought declaratory relief affecting future elections; and Intervenor Galacki's claims regarding his write-in candidacy and the vote he cast for himself in the general election were moot. In Case No. 11-56449, the court held that Chamness failed to establish that SB 6 severely burdened his rights, and upheld the constitutionality of the statute as reasonably related to furthering the state's important interest in efficiently regulating elections. In Case No. 56303, the court held that the trial court acted well within its discretion in concluding that allowing Galacki to intervene would entail substantial delays and inefficiencies resolving the case, and in therefore denying Galacki's motion as untimely. Accordingly, the court affirmed the trial court's order granting defendants summary judgment and denying Galacki's motion to intervene. View "Chamness v. Maldonado" on Justia Law
Schlegel v. Wells Fargo Bank
Plaintiffs filed suit against Wells Fargo under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p, and the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691-1691f. The court affirmed the district court's dismissal of plaintiffs' FDCPA claim because the complaint did not plausibly allege that Wells Fargo was a debt collector under section 1692a(6). The court reversed, however, the district court's dismissal of the ECOA claim where the complaint's allegations that Wells Fargo took an adverse action without complying with ECOA's notice requirements were enough for the ECOA claim to survive a motion to dismiss because the parties agreed that Wells Fargo did not send plaintiffs an adverse action notice. View "Schlegel v. Wells Fargo Bank" on Justia Law
United States v. Morales
Defendant appealed her conviction of one count of conspiracy to transport aliens who unlawfully came to or entered the United States and three counts of transporting such aliens, in each case for financial gain. The court held that the admission of the forms filled out by Border Patrol agents did not violate the Confrontation Clause. The court held, however, that the district court erred in admitting the forms under the business records exception to the rule against hearsay because this exception did not apply to records of government agencies. Here, the aliens' statements that they were in the United States illegally did not qualify as public records. The district court's error in admitting such statements did not substantially affect the verdict and, therefore, was harmless. Accordingly, the court affirmed the judgment. View "United States v. Morales" on Justia Law
United States v. Huizar-Velazquez
Defendant appealed his sentence stemming from his conviction of importing wire hangers without paying the proper duties. The court concluded that the district court incorrectly applied U.S.S.G. 2C1.1 where defendant did not engage in "improper use of government influence," bribery, or extortion, nor did he conspire to do so. Instead, the district court should have applied U.S.S.G. 2T3.1 for evading import duties or restrictions. In regards to calculations for the amount of loss, the court did not resolve the question of which rates apply to which wire hangers, but left the question for the district court to decide on remand under the proper sentencing guideline. View "United States v. Huizar-Velazquez" on Justia Law
Ohno v. Yasuma
Plaintiff sued defendant and the Church in Japan, alleging that they had tortiously induced her to transfer nearly all of her assets to the Church. After the Japanese courts awarded plaintiff a tort judgment, the Church contended that the judgment imposed liability for its religious teachings in violation of its constitutional right to free exercise of religion. The court affirmed the district court's judgment in favor of plaintiff, holding that the district court's recognition and enforcement of the judgment did not constitute "state action" triggering direct constitutional scrutiny. The court also held that neither the Japanese judgment nor the cause of action on which it was based rose to the level of repugnance to the public policy of California or of the United States that would justify a refusal to enforce the judgment under California's Uniform Foreign-Country Money Judgments Recognition Act, Cal. Civ. Proc. Code 1713-1724. View "Ohno v. Yasuma" on Justia Law
Watkins v. Vital Pharmaceuticals
Plaintiff filed a class action suit against Vital for its distribution of ZERO IMPACT protein bars that were erroneously marketed and labeled as having little to no impact on blood sugar. On appeal, Vital challenged the district court's sua sponte order remanding the suit to state court for failure to establish the amount in controversy requirement under the Class Action Fairness Act (CAFA), 28 U.S.C. 1453(c)(1). The court reversed and remanded, concluding that the undisputed Cimino declarations were sufficient to establish that CAFA's $5 million amount in controversy requirement was met. View "Watkins v. Vital Pharmaceuticals" on Justia Law
Tehama-Colusa Canal Auth. v. U.S. Dept. of Interior
The Canal Authority appealed the district court's decision to grant summary judgment in favor of Interior, Bureau, San Luis, and Wetlands, in a suit to establish priority water rights under Central Valley Project (CVP) water service contracts. The district court granted summary judgment for defendants, holding that all claims arising before February 11, 2004 were time-barred and that Canal Authority was not entitled to priority water allocation under the CVP contracts. The court affirmed the district court's decision on the alternative basis that California Water Code 11460 did not require the Bureau to provide CVP contractors priority water rights, because contracts between the Canal Authority and Bureau contained provisions that specifically address allocation of water during shortage periods. View "Tehama-Colusa Canal Auth. v. U.S. Dept. of Interior" on Justia Law