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

This appeal arose from contempt sanctions issued by the bankruptcy court against the Diazes for failing to transfer a Mexican coastal villa to Kismet. The court concluded that: (1) the bankruptcy court had jurisdiction to substitute Axolotl as transferee; (2) the bankruptcy court did not violate due process in imposing certain sanctions; (3) the ACJ was sufficiently specific to support a finding of contempt; (4) even if "legal impossibility" excused noncompliance, the Diazes have not demonstrated that compliance with the ACJ was legally impossible; (5) the bankruptcy court's findings of contempt for the period up to November 25 were not clearly erroneous; (6) the Diazes' claim that the bankruptcy court lacked jurisdiction to quantify fees and costs in its order of December 18, 2008 was moot where the order was vacated by the district court; and (7) the bankruptcy court properly abrogated attorney-client privilege where Mr. Diaz implicitly waived privilege with regard to communications on certain subjects. The court also concluded that the district court did not err in vacating the compulsory sanctions of $25,000 per day for the period from November 26, 2008 to December 4, 2008. Finally, the court granted requests for judicial notice. Accordingly, the court affirmed the judgment of the district court. View "In re: Icenhower" on Justia Law

Plaintiff filed suit alleging that defendants violated the automatic-stay provision of 11 U.S.C. 362(a). The court held that an attorney preparing an order for a judge is not entitled to quasi-judicial immunity. The court did not reach the question of whether such an action violated the automatic stay, or whether it was actionable under 11 U.S.C. 362(k). View "Burton v. Infinity Capital Management" on Justia Law

Plaintiff appealed the district court's order denying his motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. The court concluded that the underlying agency action lacked a reasonable basis in law because the Social Security ALJ disregarded competent lay witness evidence on plaintiff's symptoms without comment. The court concluded that, because the ALJ disregarded competent lay witness evidence without comment, the position of the United States in the underlying action was not substantially justified. Because the government's underlying position was not substantially justified, the court awarded fees, even if the government's litigation position may have been justified. Therefore, plaintiff was entitled to an award of attorney's fees. Accordingly, the court reversed and remanded. View "Tobeler v. Colvin" on Justia Law

Family PAC filed suit alleging that three provisions of the Washington election law violated the First Amendment as applied to ballot measure committees. The district court granted summary judgment in part for Family PAC and Family PAC subsequently sought attorneys fees and expenses. The court held that the term "costs" under Rule 39 of the Federal Rules of Appellate Procedure did not include attorney's fees and recoverable as part of costs under 42 U.S.C. 1988 and similar statutes. Therefore, in this case, the district court properly concluded that the statement in the court's previous opinion that "[e]ach party shall bear its own costs of appeal," did not preclude Family PAC, as prevailing party, from obtaining an award of appellate attorney's fees under section 1988. View "Family Pac v. Ferguson" on Justia Law

Plaintiff claimed that the judge who presided over the administration of the Yellowstone Mountain Club ski resort's bankruptcy was biased against him and should have recused himself. The bankruptcy judge denied the recusal motion and the district court affirmed. The court rejected plaintiff's claim that the judge made ex part communications; the rulings made by the judge purportedly denied plaintiff due process; and the judge made supposed biased statements during various proceedings. Plaintiff's claims were a transparent attempt to wriggle out of an unfavorable decision by smearing the reputation of the judge who made it. Accordingly, the court affirmed the denial of the recusal motion. View "Blixseth v. Yellowstone Mountain Club, LLC, et al." on Justia Law

Plaintiff appealed the district court's award of attorneys' fees and costs. Under Costa v. Commissioner of Social Security Administration, where a fee award has been reduced by almost 30 percent, as here, the district court was required to provide relatively specific reasons for making such significant reductions. In this instance, the court concluded that the district court did not explain its decision to reduce plaintiff's fee request with sufficient specificity to allow the court to review the reasonableness of the fee award. Accordingly, the court vacated and remanded for further proceedings. View "Carter v. Caleb Brett LLC" on Justia Law

The Republic and Diego Garcia Carrion (collectively, the "Applicants") sought discovery, including expert materials, for use in a foreign proceeding under 28 U.S.C. 1782. On appeal, Chevron and two of its experts challenged two district court decisions ordering the production of documents. The court concluded that Federal Rule of Civil Procedure 26(b)(3) did not provide presumptive protection for all testifying expert materials as trial preparation materials; the 2010 amendments did not fundamentally restructure Rule 26 to do so; and therefore, the court affirmed the judgment of the district court. View "Republic of Ecuador v. Mackay" on Justia Law

This appeal relates to a discovery dispute that arose in this action challenging Washington's rules that require pharmacies to maintain a representative assortment of drugs for which there was patient demand and to dispense prescription drugs and drugs approved by the FDA for restricted distribution, unless one of several enumerated exceptions applies. On appeal, Law Center challenged the district court's denial of sanctions and costs under Federal Rule of Civil Procedure 45(d). Concluding that the court had jurisdiction over the appeal, the court affirmed the denial of sanctions under Rule 45(d)(1). The court agreed with the D.C. Circuit's analysis of the amended rule and held that Rule 45(d)(2)(B)(ii) requires the district court to shift a non-party's costs of compliance with a subpoena, if those costs are significant. The court concluded that the district court erred in its interpretation of Rule 45(d)(2)(B)(ii) framing the issue in terms of undue burden, rather than significant expense. Accordingly, the court reversed the denial of costs and remanded for consideration of the proper allocation of costs. View "Legal Voice v. Stormans, Inc." on Justia Law

Bill Graham, a successful promoter of rock and roll concerts, died testate and his will created individual trusts for his sons, Alexander and David. Nicholas Clainos was the trustee of the trusts and the executor of the estate and Richard Greene, through his firm, provided Clainos legal counsel. On appeal, Alexander and David challenged the district court's disposition of a motion to dismiss, a special motion to strike under California's anti-SLAPP statute, Cal. Proc. Code 425.16(b)(1), and related attorney's fees awards. The court affirmed the disposition of the motion to strike in part and reversed in part. The court concluded that striking plaintiffs' conversion and unjust enrichment claims against Clainos was erroneous. The court also concluded that striking plaintiffs' breach of fiduciary duty claim against Clainos was erroneous. The court further concluded that plaintiffs sufficiently alleged claims for conversion, copyright infringement, and declaratory relief against the BGA Defendants and that dismissal of those claims was erroneous. In regards to attorney's fees, the court vacated the post-motion-to-strike fee award to Clainos, as well as the post-motion-to-dismiss fee award to the BGA Defendants. The court affirmed in all other respects. View "Graham-Sult v. Clainos" on Justia Law

Kalitta filed suit against numerous defendants, including CTAS, alleging various causes of action stemming from the modification of two of its aircraft from passenger to cargo planes. In this appeal, Kalitta challenged the district court's award of costs to CTAS following a jury's unanimous verdict in favor of CTAS. The court reversed the district court's award of costs for the pro hac vice admission of CTAS's counsel; reversed the district court's award of costs for editing and synchronizing deposition videotapes; and affirmed the court's award of costs for graphics consultants and the 2002 costs award. View "Kalitta Air L.L.C. v. Cent. Texas Airborne Sys." on Justia Law