The Ninth Circuit re-states its “abuse of discretion” standard of review, which now requires it to: 1) consider whether the district court identified the correct legal standard for decision of the issue before it; and 2) determine whether the district court’s findings of fact, and its application of those findings of fact to the correct legal standard, were illogical, implausible, or without support in inferences that could be drawn from facts in the record....
Crack Possession Conviction Affirmed In US v. Polly, No. 08-6048, the court affirmed defendant’s crack cocaine possession conviction where 1) the traffic stop at issue was objectively justifiable based on the traffic violations that the officer observed; 2) the district court correctly concluded that the search was justified by the vehicle exception to the warrant requirement; and 3) because defendant did not challenge the lawfulness of his appeal waiver itself, enforcing the waiver as to his claim that the district court improperly applied the obstruction of justice sentence enhancement did not result in a miscarriage of justice....
On January 1, 2020, California will become the first state to implement comprehensive legislation relating to data privacy for consumers. Reminiscent of the European Union’s General Data Privacy Regulation, the California Consumer Privacy Act of 2018 gives California residents greater control over how businesses use their personal information. As the California legislature pointed out, “It is almost impossible to apply for a job, raise a child, drive a car, or make an appointment without sharing personal information....
“Put simply,” Tenth Circuit Judge Neil Gorsuch wrote in his 2008 Gutierrez-Brizuela v. Lynch concurrence, “it seems to me that in a world without Chevron very little would change – except perhaps the most important thing.” The opinion was the capstone to his opposition to the power of administrative agencies and the judicial doctrines that granted them so much deference. But it’s also appropriate for Gorsuch’s own nomination to the Supreme Court, for a Court with Gorsuch on board could change very little – except, perhaps, where it most counts....
The Mortgage Electronic Registration System (MERS) is a private, electronic registry that tracks servicing rights and ownership of U.S. mortgage loans. MERS was created by the mortgage industry to streamline the mortgage process by substituting electronic filings in place of traditional land recordings, and act as nominee in the county land records for the lender and servicer. In other words, lenders and servicers give MERS the power to foreclose on their mortgages....
If you haven’t gotten some flowers on the way to mom yet, you better hop to it. We all know what being a mother to a family means, and showing our appreciation for our mothers is the least we can do. But what does being a mother in the legal sense mean? What special rights and additional responsibilities do mothers have under the law? Here’s a look at five legal issues mothers face and their rights....
Holland v. Fla., No. 09-5327, involved a capital habeas matter. The Supreme Court reversed the Eleventh Circuit’s affirmance of the denial of petitioner’s habeas petition, holding that: 1) 28 U.S.C. section 2244(d), the AEDPA statute of limitations, is subject to equitable tolling in appropriate cases, and the per se standard employed by the Eleventh Circuit was too rigid; and 2) the district court incorrectly rested its ruling not on a lack of extraordinary circumstances (which may well be present), but on a lack of diligence....
We’ve discussed Justice Samuel Alito’s truancy in the past, with the Justice sitting out of dozens of certiorari denials and initially recusing himself from this term’s Limelight, Pom Wonderful, and Aereo cases, all likely due to conflicts presented by his stock portfolio. (Though the Justices do not disclose their reasons for self-recusal, Alito’s financial disclosures have shed a lot of light on patterns of inherited and purchased stocks, past recusals, and botched non-recusals....
Petitioner’s petition for review of the denial of his asylum petition is granted where the BIA erred in ruling that the treatment suffered by Petitioner on account of his political opinion did not amount to persecution because Petitioner retained his government employment. Read Baba v. Holder, No. 08-0212-ag. Appellate Information Argued: October 17, 2008 Decided: June 19, 2009) Judges Before: McLAUGHLIN, LEVAL, and POOLER, Circuit Judges.Opinion by LEVAL, Circuit Judge....
City National Corporation is liable for more than $7.3 million for self-dealing by administering its own retirement plan, a federal appeals court said. The U.S. Ninth Circuit Court of Appeals affirmed the judgment against the bank in Acosta v. City National Corporation. A trial court had decided the bank violated employee retirement laws to collect unchecked, unreasonably high fees. The bank appealed, and may challenge the appellate ruling. In the meantime, the Ninth Circuit sent the case back to the trial judge to recalculate interest....
The federal government enacted a law decades ago to keep robocallers from annoying consumers but with one big exception – for the government. In a later amendment to the Telephone Consumer Protection Act, Congress opened the lines for autodialers to collect government debt. It was part of a bipartisan budget to collect on government-backed mortgages and students loans. In American Association of Political Consultants v. FCC, however, the U.S. Fourth Circuit Court of Appeals said that exemption is unconstitutional....
In a petition for review of a Board of Immigrant Appeals denial of Petitioner’s asylum application, the petition is denied where: 1) the Court of Appeals lacked jurisdiction to review the BIA’s decision that Petitioner’s asylum application was untimely and that no changed circumstances materially affecting her application had occurred; and 2) the BIA’s credibility determinations were supported by substantial evidence. Read the full decision in El-Moussa v. Holder, No. 08-3982....
We’ve never subscribed to the grown-up version of Valentine’s Day; it strikes us as insincere. Instead, we’ve always preferred the childhood version of the holiday: showering friends with silly sentiments, (e.g. Justin Bieber valentines), and candy. In that spirit of appreciating friendship – and because the Supreme Court is away at winter recess – today we’re looking at the most unlikely friends on the Court: Justices Ruth Bader Ginsburg and Antonin Scalia....
This post was updated on May 4, 2022 Guess what day it is? It’s Cinco de Mayo! And like so many holidays in this country, the celebration starts out seriously, with a remembrance of Mexican heritage and deteriorates to drinking, partying, and more drinking. As some may argue is also typical for American celebrations of another country’s holiday, it is filled with misconceptions. The holiday celebrates the Mexican Army’s victory over French colonizers at the Battle of Puebla in 1862....
In a civil rights case claiming police denied plaintiff and only plaintiff equal protection of the law (based on personal animus), district court’s denial of police officers’ motion to dismiss is affirmed where: 1) the issue of qualified immunity was unambiguously before the court and its denial of the motion to dismiss necessarily included a denial of the defense of the qualified immunity; and 2) circuit precedent holding that a class-of-one claim can be made against police officers for unequal protection of the law is not undermined by the recent holding in Engquist v....
Petition for review of an order of the Secretary of Housing and Urban Development is denied and cross-petition for enforcement is granted where: 1) plaintiff’s due process rights were not violated as the agency provided frequent notice that plaintiff chose to ignore; 2) plaintiff’s claim that the monetary penalty was unauthorized because the ALJ did not consider her financial resources fails, as plaintiff walked out of the hearing and a person who fails to supply information forfeits any complaint that the decisionmaker was uninformed on some issue; and 3) plaintiff Fung’s claims fail as the agency’s actions were not arbitrary or capricious, and his attempt to invoke 42 U....
In an action seeking payment of benefits on insurance policies purchased by plaintiffs’ family members from defendant-insurer in the years leading up to the Holocaust, dismissal of the action is affirmed where plaintiffs’ state-law claims were preempted by the foreign policy of the U.S., which favored resolution of Holocaust-era insurance claims in the International Commission on Holocaust Era Insurance Claims (ICHEIC), an international claims resolution organization founded by private insurance companies and supported by the U....
In 2007, accused rapist and sex trafficker Jeffrey Epstein signed a plea bargain with the Justice Department, agreeing to plead guilty to two state prostitution charges in Florida, register as a sex offender, and pay restitution to three dozen victims. In exchange, the FBI’s investigation into Epstein ended (along with that into both additional victims and additional co-conspirators), Epstein served 13 months on work release, and the details underlying the non-prosecution agreement were sealed....
Few addicts maintain their addictions independently. Most have help, whether from active agents like drug dealers or passive enablers like friends and family. Enabling can take the form of one-time or continuing financial support, physical support by way of providing a place to live without seeking help, or even tacit emotional support by not confronting the addict or forcing them to get help. Enabling an addict is certainly unhealthy behavior for both parties....
On the second go-around of appeals, the Second Circuit found that a Lebanese bank, with no “operations, branches or employees” is still subject to the personal jurisdiction of federal courts in New York. Despite the finding of personal jurisdiction, the decision was vacated and remanded, this time to address subject matter jurisdiction. For the Lebanese Canadian Bank (“LCB”), the third time may be the charm. Background Plaintiffs are American, Israeli and Canadian citizens who were injured (either directly, or family members) by 2006 rocket attacks in Israel, allegedly carried out by Hezbollah....
