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

The Ninth Circuit certified a question to the California Supreme Court in a separate published order. In this opinion, the panel reestablished the remaining holdings from the now-withdrawn opinion Vazquez v. Jan-Pro Int’l, Inc., 2019 WL 3271969 (9th Cir. Jul. 22, 2019).The panel held that the doctrines of res judicata and law of the case did not bar plaintiffs from contending that they are employees under the ABC test in Dynamex Operations West Inc. v. Superior Court, 416 P.3d 1 (Cal. 2018). The panel rejected plaintiffs' contention that a retroactive application of Dynamex would violate their federal due process rights. View "Vazquez v. Jan-Pro Franchising International, Inc." on Justia Law

Under Guam v. Marquez, 963 F.2d 1311 (9th Cir. 1992), it is structural error not to instruct the jury orally as to the entire substantive law the jury must apply. The Ninth Circuit reversed defendant's drug-related conviction and remanded for a new trial, holding that the trial judge plainly erred by failing to deliver an oral charge to the jury in this case. The panel explained that a trial court does not satisfy its duty to instruct jurors in a criminal case just by providing those jurors with a set of written instructions to use during deliberations. Therefore, the panel remanded for a new trial. View "United States v. Becerra" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment to defendants in an action challenging the BIA's decision to approve an industrial-scale wind facility in Southern California.The panel held that the BIA was not required to explain why it did not adopt a mitigation measure that it did in fact follow. Similarly, the panel rejected plaintiffs' related argument that the BIA should have explained why its record of decision (ROD) found no significant impact to eagles where the environmental impact statement (EIS) considered the entire project and its impact on eagles. The panel also held that the BIA's consideration of five action alternatives was sufficient. The panel was not persuaded that additional environmental review was required and rejected plaintiffs' five grounds in support of their contention that the BIA should have prepared a supplemental EIS. The panel rejected plaintiffs' final two challenges to the BIA's decision concerning the agency's decision not to require Tule to obtain a Bald and Golden Eagle Protection Act permit from FWS. Therefore, the panel held that, under the total circumstances of this case, the EIS analysis was sufficient to satisfy the National Environmental Policy Act. View "Protect Our Communities Foundation v. LaCounte" on Justia Law

After Cerner filed an action in state court against defendants, defendants removed the action to federal district court. Cerner moved to remand to state court, arguing that the removal was improper and that the federal court lacked subject matter jurisdiction over the action. The district court denied the motion to remand and held that it could exercise jurisdiction under 9 U.S.C. 205, which authorizes a defendant to remove to federal court an action previously filed in state court that relates to an arbitration agreement or award falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958.The Ninth Circuit reversed and held that this case was not related to an international arbitration agreement or award, as that term is used in section 205. Therefore, section 205 did not provide a proper basis for removal or for federal subject matter jurisdiction over this action. The panel held that the outcome of this case could not conceivably be affected by the arbitration awarded. Accordingly, the panel remanded with instructions to remand to state court. View "Cerner Middle East Limited v. Belbadi Enterprises" on Justia Law

Cerner filed suit against defendant and iCapital in state court, seeking to enforce an arbitration award against property in Oregon owned by defendants. After removal, the district court dismissed the action. While this appeal was pending, the Court of Appeal of Paris, a court with jurisdiction over defendant, confirmed the arbitration panel's conclusion that defendant was subject to the panel's jurisdiction.The Ninth Circuit held that the French court's decision was entitled to recognition under the principles of international comity and thus the elements of quasi in rem jurisdiction were present. The panel held that Cerner possessed a valid judgment against defendant, who owns property in Oregon, and thus the panel reversed the district court's dismissal of the action for lack of personal jurisdiction. The panel remanded for further proceedings. View "Cerner Middle East Limited v. iCapital, LLC" on Justia Law

The Ninth Circuit affirmed the district court's order granting motions to remand to state court. AHI contended that it properly removed this case to federal court under 28 U.S.C. 1442(a)(1). Plaintiffs had filed suit in state court against the helicopter owners, the Hecker Defendants, and the manufacturer, AHI, after John Udall died in a helicopter crash while touring the Grand Canyon.The panel held that the district court committed no error in finding that AHI was not "acting under" a federal officer by virtue of becoming an FAA-certified Designation holder with authority to issue Supplemental Certificates. In this case, AHI inspected and certified its aircraft pursuant to FAA regulations and federal law and could not make any structural or design changes without the consent of the FAA. The panel joined the Seventh Circuit in concluding that an aircraft manufacturer does not act under a federal officer when it exercises designated authority to certify compliance with governing federal regulations. View "Riggs v. Airbus Helicopters, Inc." on Justia Law

The Ninth Circuit certified the following question of state law to the Supreme Court of the State of Delaware: In a Delaware limited partnership, does a general partner's request to a limited partner for a one-time capital contribution constitute a request for "limited-partner action" such that the general partner has a duty of disclosure, and, if the general partner fails to disclose material information in connection with the request, may the limited partner prevail on a breach-of-fiduciary-duty claim without proving reliance and causation? View "Goodman v. Dohmen" on Justia Law

The Ninth Circuit reversed the district court's denial of defendant's 28 U.S.C. 2255 motion and remanded with instructions to grant the motion. The panel held that defendant's first degree armed robbery in violation of Oregon Revised Statutes 164.415 is not a violent felony under the Armed Career Criminal Act (ACCA).The panel held that United States v. Strickland, 860 F.3d 1224 (9th Cir. 2017), which held that Oregon third degree robbery is not a violent felony under the force clause of the ACCA because it does not require physically violent force, is not clearly irreconcilable with Stokeling v. United States, 139 S. Ct. 544 (2019), which addressed a Florida robbery statute that requires resistance by the victim that is overcome by the physical force of the offender. Finally, even assuming that section 164.415(1) is divisible, the district court erred in finding that defendant had been convicted of armed robbery under subsection (b). View "United States v. Shelby" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment in favor of Pit River Tribe and environmental organizations in an action under the Geothermal Steam Act, against federal agencies responsible for administering twenty-six unproven geothermal leases located in California's Medicine Lake Highlands. Pit River alleged that the BLM's decision to continue the terms of the unproven leases for up to forty years violated the Act.Determining that it had jurisdiction to hear this appeal, the panel held that the statutory meaning of 30 U.S.C. 1005(a) is clear and unambiguous: it only permits production-based continuations on a lease-by-lease basis, not on a unit-wide basis. In this case, BLM failed to meet its burden of providing a compelling reason for the panel to depart from the plain meaning of section 1005(a). Therefore, the panel rejected BLM's argument that section 1005(a) authorizes forty-year continuations on a unit-wide basis once a single lease in a unit is deemed productive. View "Pit River Tribe v. Bureau of Land Management" on Justia Law

The Ninth Circuit amended the opinion and concurrence, and affirmed the district court's order denying an IRS agent's motion for summary judgment.Plaintiff alleged that the agent violated plaintiff's Fourth Amendment right to bodily privacy during the lawful execution of a search warrant at plaintiff's home in 2006 when the agent escorted plaintiff to the bathroom and monitored her while she relieved herself. As a preliminary matter, the panel applied the test in Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), and held that plaintiff could proceed with her Bivens action against the agent. The panel held that the agent's interests in preventing destruction of evidence and promoting officer safety did not justify the scope or manner of the intrusion into plaintiff's most basic subject of privacy. Furthermore, a reasonable officer in the agent's position would have known that such a significant intrusion into bodily privacy, in the absence of legitimate government justification, is unlawful. View "Ioane v. Hodges" on Justia Law