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

This case involves a challenge to the Bureau of Reclamation's (BOR) release of Trinity River water from the Lewiston Dam, above and beyond the amount designated in the applicable water release schedule. The Water Contractors filed an amended complaint, alleging that the Federal Defendants violated the Endangered Species Act (ESA), 16 U.S.C. 1531; the National Environmental Protection Act (NEPA), 42 U.S.C. 4321; the Central Valley Project Improvement Act (CVPIA) section 3411(a) and 43 U.S.C. 383; and CVPIA section 3406(b)(23). The district court granted summary judgment for the Federal Defendants. The court concluded that the broad language of the Act of August 12, 1955 (the 1955 Act) authorized BOR to implement the 2013 flow augmentation release—an appropriate measure—to protect fish downstream from the Lewiston Dam, which includes the lower Klamath River; subsequent legislation did not clearly alter or limit the expansive scope of the authority granted by the 1955 Act; and because the BOR acted within its statutory authority, the court reversed as to this issue. The court concluded that, because the BOR intended to aid the lower Klamath River (and not the Trinity River) in implementing the 2013 flow augmentation release, the release did not violate section 3406(b)(23). The court also concluded that the Water Contractors have failed to establish standing to pursue a claim under the ESA. Finally, the BOR neither violated California water law nor the Reclamation Act in implementing the 2013 flow augmentation release, and thus the BOR did not violate section 3411(a). Accordingly, the court affirmed in part and reversed in part. View "San Luis & Delta-Mendota Water Authority v. Haugrud" on Justia Law

The court stayed en banc proceedings after the United States represented that the President intends to issue a new Executive Order and urged the court to "hold its consideration of the case until the President issues the new Order." View "Washington v. Trump" on Justia Law

In 2000, WRS filed suit against Plaza Entertainment and its directors. Plaza cross-claimed, and the district court eventually granted summary judgment for WRS. The district court then granted Defendant Herklotz's motion to sever his state law cross claim and transferred it to the California district court, where it was later dismissed under Federal Civil Rule 12(b)(6). The court explained that a severed action must have an independent jurisdictional basis. Where, as in this case, the claims were stripped of their jurisdictional predicate through severance, they lose their federal hook and must stand on their own. Therefore, the court concluded that the Pennsylvania court lacked jurisdiction to enter the transfer order, and the California court lacked jurisdiction to take the case. The court reasoned that the appropriate course of action would have been either to deny the motion to sever and retain jurisdiction over the supplemental state law claims, or to decline to exercise supplemental jurisdiction under 28 U.S.C. 1367(c)(3) and dismiss the crossclaim, thus permitting Herklotz to seek relief in state court. Accordingly, the court vacated and remanded. View "Herklotz v. Parkinson" on Justia Law

Plaintiff, who had endured many hardships in 2003 while trying to leave Baghdad, alleged, in a purported class action, that former officials of the President George W. Bush administration engaged in the war against Iraq in violation of the Alien Tort Statute, 28 U.S.C. 1350. The district court held that plaintiff had not exhausted her administrative remedies as required by the Federal Tort Claims Act. The Ninth Circuit affirmed the dismissal, holding that the individual defendants were entitled to official immunity under the Westfall Act, 28 U.S.C. 2679(d)(1), which accords federal employees immunity from common-law tort claims for acts undertaken in the course of their official duties. The court upheld the Attorney General’s scope certification (determining that the employees were acting within the scope of their employment so that the action was one against the United States). The court rejected an argument that defendants could not be immune under the Westfall Act because plaintiff alleged violations of a jus cogens norm of international law from which no derogation is permitted and which can be modified only by a subsequent norm of general international law. Congress can provide immunity for federal officers for jus cogens violations. View "Saleh v. Bush" on Justia Law

Washington and Minnesota filed suit challenging President Trump's Executive Order 13769 which, among other changes to immigration policies and procedures, bans for 90 days the entry into the United States of individuals from seven countries, suspends for 120 days the United States Refugee Admissions Program, and suspends indefinitely the entry of all Syrian refugees. In this emergency proceeding, the Government moves for an emergency stay of the district court's temporary restraining order while its appeal of that order proceeds. The court noted the extraordinary circumstances of this case and determined that the district court's order possesses the qualities of an appealable preliminary injunction. The court held that the States have made a sufficient showing to support standing, at least at this preliminary stage of the proceedings, where they argued that the Executive Order causes a concrete and particularized injury to their public universities, which the parties do not dispute are branches of the States under state law. The court concluded that there is no precedent to support the Government's position that the President's decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections. The court explained that the Government's claim runs contrary to the fundamental structure of our constitutional democracy. Therefore, although courts owe considerable deference to the President's policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action. The court concluded that the Government has not shown that it is likely to succeed on the merits regarding its argument about, at least, the States' Due Process Clause claim, and the court noted the serious nature of the allegations the States have raised with respect to their religious discrimination claims. The court held that the procedural protections provided by the Fifth Amendment's Due Process Clause are not limited to citizens; rather, they apply to all persons within the United States, including aliens, regardless of whether their presence here is lawful, unlawful, temporary, or permanent. Finally, the balance of hardships and the public interest do not favor a stay. Accordingly, the court denied the emergency motion for a stay pending appeal. View "State of Washington v. Trump" on Justia Law

Design Data filed suit alleging that UE infringed the copyright on Design Data's computer aided design (CAD) program by downloading an unauthorized copy of the program and importing and distributing within the United States program output generated by a Chinese contractor using an unauthorized copy of the program. The court affirmed the district court's conclusion that the copyright protection afforded Design Data's computer program does not, on these facts, extend to the program's output; affirmed the district court's decision to refuse Design Data a further opportunity to amend its complaint; reversed the district court as to its determination on summary judgment that UE's download of Design Data's SDS/2 program was a de minimis copyright violation; and remanded for further proceedings. View "Design Data Corp. v. Unigate Enterprise" on Justia Law

The government challenged the district court's grant of defendant's motion to suppress statements he made during a custodial interrogation. Defendant claimed that the Miranda warnings he received were deficient because they did not tell him of his right to consult with an attorney before questioning. The court concluded that Miranda warnings need not follow a precise formulation. In this case, the Miranda warnings given to defendant adequately conveyed that he had the right to consult with an attorney before questioning even though they did not explicitly inform him of that right. The court explained that the right was reasonably inferred. Accordingly, the court reversed the suppression of defendant's statements. View "United States v. Loucious" on Justia Law

Defendant was convicted of illegal entry in violation of 8 U.S.C. 1325 and illegal reentry in violation of 8 U.S.C. 1326, predicated on his expedited removal in 2012. The court concluded that defendant had no Fifth Amendment due process right to hire counsel in the expedited removal proceeding and that he was not prejudiced by the government’s failure to inform him of the possibility of withdrawal relief. Because defendant's 2012 removal was not fundamentally unfair, the court affirmed the section 1326 conviction and sentence for illegal reentry. Because the revocation of defendant's revocation of his supervised release was premised on the section 1326 conviction, the court also affirmed the district court's revocation. View "United States v. Peralta-Sanchez" on Justia Law

Plaintiffs, small businesses and small business owners who leased "point of sale" credit and debit card processing equipment, filed suit against the Leasing Defendants, alleging that they defrauded plaintiffs in a scheme involving equipment leases and credit card processing services. Of five proposed national classes, the district court certified two: the SKS Post-Lease Expiration Class and the Property Tax Equipment Cost Basis Class. In regard to the SKS Post-Lease Expiration class, the court concluded that there are individualized issues related to the representative plaintiff's injury, common questions exist; and common questions predominate for the alleged Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962, violation. In regard to the Property Tax Equipment class, the court concluded that the district court did not abuse its discretion in concluding that common questions predominate and the class was superior because litigation on a classwide basis would promote greater efficiency in resolving the cases' claims. Accordingly, the court affirmed the classification orders. View "Just Film, Inc. v. Buono" on Justia Law

Plaintiff, a state government attorney for over thirty years, filed a qui tam suit under the False Claims Act (FCA), 31 U.S.C. 3729-3733, alleging that the largest telecom companies in the United States were fraudulently overcharging the federal government for surveillance services. The district court dismissed the suit pursuant to the FCA's public disclosure bar. The court concluded that the 2010 Amendments to the FCA, which transformed the public disclosure bar from a jurisdictional bar to an affirmative defense, do not apply to plaintiff's suit brought in 2009 because substantive changes, which impact the substantive rights of parties, are not applied retroactively; plaintiff did not have direct knowledge of fraud sufficient to qualify as an "original source;" and plaintiff's submissions to the FCC were not "voluntarily provided" as required by the statute. Furthermore, the court concluded that the district court properly determined that it did not have discretion to exercise supplemental jurisdiction over plaintiff's state law claims without jurisdiction over the federal claims. Accordingly, the court affirmed the judgment. View "Prather v. AT&T" on Justia Law