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Plaintiff, a former employee of Irwin, filed a putative class action alleging that the company denied him overtime pay, failed to give him meal and rest periods, and failed to pay him minimum wage for the 12 hours he was off duty. The Ninth Circuit held that plaintiff's claim for overtime pay was preempted under section 301 of the Labor Management Relations Act (LMRA), because California overtime law did not apply to an employee working under a qualifying collective bargaining agreement and he worked under such an agreement. The panel remanded plaintiff's remaining claims to the district court for it to address them in the first instance. View "Curtis v. Irwin Industries, Inc." on Justia Law

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Petitioner, a citizen of India and member of the Mann Party, petitioned for review of the BIA's decision denying his claims for asylum, humanitarian asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The panel granted the petition for review of the asylum and withholding of removal claims because the BIA did not conduct a sufficiently individualized analysis of petitioner's ability to relocate within India outside of the state of Punjab. The panel held that the BIA erred in failing to conduct a reasoned analysis with respect to petitioner's situation to determine whether, in light of the specific persons or entities that caused his past persecution, and the nature and extent of that persecution, there are one or more general or specific areas within his country of origin where he has no well-founded fear of persecution, and where it is reasonable for him to relocate pursuant to the factors set forth in 8 C.F.R. 1208.13(b)(3). However, the panel denied the petition for review of petitioner's claim for humanitarian and CAT protection, holding that substantial evidence supported the BIA's decision. View "Singh v. Whitaker" on Justia Law

Posted in: Immigration Law

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Harmoni, the only zero-duty rate importer of Chinese garlic, filed suit alleging that other importers, jealous of Harmoni's competitive edge, conspired to eliminate or reduce that advantage through two separate unlawful schemes in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). The first scheme alleged that Chinese competitors submitted fraudulent documents to U.S. customs officials in order to evade applicable anti-dumping duties and then sold garlic in the United States at less than fair value. The second scheme alleged that Chinese competitors recruited domestic garlic growers to file sham administrative review requests with the U.S. Department of Commerce to determine whether plaintiffs were being subjected to appropriate antidumping duties. The Ninth Circuit held that Harmoni has not adequately alleged proximate cause with respect to the first scheme because the relationship between the importers' conduct and Harmoni's injury were too attenuated. However, Harmoni has adequately alleged proximate cause in the second scheme in regard to damages for expenses incurred in responding to the Department of Commerce's administrative review. The panel held that the district court should have granted leave to amend for the loss sales and harm to business reputation claims, as well as the claims against Huamei Consulting. View "Harmoni International Spice, Inc. v. Hume" on Justia Law

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The Ninth Circuit did not reach the merits of the Tribe's sovereign immunity defense and held, on de novo review, that the district court lacked subject matter jurisdiction in an action brought by the Tribe against the state, seeking a declaration that the Tribe's sovereign immunity barred any lawsuit arising from a particular contract with Washington. The panel held that the Tribe's anticipatory defense to a state court lawsuit did not form a basis for federal jurisdiction. Therefore, the panel vacated the district court's judgment and remanded with instructions to dismiss for lack of subject matter jurisdiction. View "Stillaguamish Tribe of Indians v. Washington" on Justia Law

Posted in: Civil Procedure

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The Ninth Circuit affirmed the district court's denial of non-class counsel's motions for attorneys' fees arising from a class action settlement over claims regarding Volkswagen's use of defeat devices in certain vehicles. The panel held that law firms and lawyers that appealed in their own names had standing to challenge the fee order, because they suffered an injury (deprivation of attorneys' fees) that was caused by the conduct complained of (the fee order) and would be redressed by judicial relief. The panel also held that, because the underlying class action did not feature a traditional common fund from which attorneys' fees were procured, appellants could only have collected fees if they provided a substantial benefit to the class. In this case, the district court did not abuse its discretion in determining that appellants did not and denying the fee motions on this basis. Finally, the panel rejected additional arguments by the Nagel Appellants and held that Appellant Feinman's challenge was moot. View "In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Productions Liability Litigation" on Justia Law

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Plaintiffs challenged California Air Resources Board regulations regarding the first Low Carbon Fuel Standard (LCFS), which went into effect in 2011; the LCFS as amended in 2012; and the LCFS which replaced the first LCFS in 2015. The Ninth Circuit held that plaintiffs' challenges to previous versions of the LCFS have been made moot by their repeal. The panel affirmed the dismissal of plaintiffs' remaining claims against the present version of the LCFS as largely precluded by the panel's decision in Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070 (9th Cir. 2013). The panel also held that plaintiffs' extraterritoriality claims against the 2015 LCFS were precluded by the law of the case and by recent circuit precedent in Am. Fuel & Petrochemical Mfrs. v. O'Keeffe, 903 F.3d 903 (9th Cir. 2018). Finally, the LCFS did not facially discriminate against interstate commerce in its treatment of ethanol and crude oil, and did not purposefully discriminate against out-of-state ethanol. View "Rocky Mountain Farmers Union v. Corey" on Justia Law

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Plaintiff filed a 42 U.S.C. 1983 action against the County and the City in state court, alleging violations of his constitutional rights to due process and a fair trial. In 1972, plaintiff was convicted of 28 counts of felony murder for causing a deadly fire at a Tucson hotel. In 2013, after plaintiff presented newly discovered evidence that arson did not cause the hotel fire, he entered into a plea agreement where the original convictions were vacated and he pleaded no contest to the same counts, was resentenced to time served, and released from prison. After the City removed the case to federal court, the district court granted in part and denied in part the County's motion to dismiss. The Ninth Circuit exercised its discretion under 28 U.S.C. 1292(b) to deny the County's application for permission to appeal the denial of qualified immunity; held that section 1291's collateral order doctrine did not apply to the County's appeal and thus the panel did not have jurisdiction over it; and dismissed the County's appeal. The panel held that a plaintiff in a 42 U.S.C. 1983 action may not recover incarceration-related damages for any period of incarceration supported by a valid, unchallenged conviction and sentence. Exercising its discretion under section 1292(b), the panel held that plaintiff's valid 2013 conviction and sentence were the sole legal causes of his incarceration, and thus he could not recover damages for wrongful incarceration. View "Taylor v. County of Pima" on Justia Law

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The Ninth Circuit certified to the California Supreme Court the following question: Does a commercial liability policy that covers "personal injury," defined as "injury . . . arising out of . . . [o]ral or written publication . . . of material that violates a person's right of privacy," trigger the insurer's duty to defend the insured against a claim that the insured violated the Telephone Consumer Protection Act by sending unsolicited text message advertisements that did not reveal any private information? View "Yahoo! Inc. v. National Union Fire Insurance Co." on Justia Law

Posted in: Insurance Law

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Petitions for review of compensation orders arising under the Defense Base Act should be filed in the circuit where the relevant district director is located. The Ninth Circuit denied a petition for review challenging the Benefits Review Board's decision concluding that a linguist who supported the military in Iraq was entitled to workers' compensation under the Defense Base Act. The panel held that substantial evidence supported the ALJ's determination that claimant met both the medical and the economic aspect of disability as defined by the statute; the ALJ applied the correct legal standard when considering the evidence in this case; and the ALJ correctly concluded that claimant met his burden to show that he was disabled. View "Global Linguist Solutions, LLC v. Abdelmeged" on Justia Law

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The Ninth Circuit denied as unnecessary petitioner's application to file a second or successive habeas corpus petition. Petitioner argued that his petition was not second or successive, but rather a first petition challenging a new judgment that added credit for the time he served before sentencing. The panel held that Gonzalez v. Sherman, 873 F.3d 763, 769 (9th Cir. 2017), which held that, under California law, a state court's amended judgment awarding a defendant credit for time served constituted a new judgment, applied to Nevada law. Therefore, petitioner's habeas petition was the first petition challenging his amended judgment. View "Turner v. Baker" on Justia Law