Ninth Circuit Affirms Issuance of Arrest Warrant for Defendant Under Recalcitrant Witness Statute Who Failed to Respond to Paper Discovery

In Invesco High Yield Fund v. Jecklin, No. 21-15809 (9th Cir. Aug. 25, 2021), the Ninth Circuit affirms contempt sanctions against a foreign defendant under 28 U.S.C. § 1826(a), the federal recalcitrant witness statute. The statute provides that when a witness refuses to testify or provide other information, the court “may summarily order his confinementContinue reading “Ninth Circuit Affirms Issuance of Arrest Warrant for Defendant Under Recalcitrant Witness Statute Who Failed to Respond to Paper Discovery”

No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit

In AdTrader Inc. v. Google LLC, No. 20-15542 (9th Cir. July 30, 2021), the Ninth Circuit holds that an interim award of fees in a class action that is paid by the defendant, rather than through a common fund, is not subject to an interlocutory appeal. Google LLC runs advertising platforms for digital ads, andContinue reading “No Interlocutory Appeal of Interim Fee Award Paid Directly by Defendant, Holds Ninth Circuit”

Assistant U.S. Attorney Who Told Jury That Reasonable Doubt Is the Confidence of “Having a Meal” Without Getting “Sick” Earns the Defendant a New Trial, Holds Ninth Circuit

In United States v. Velazquez, No. 19-50099 (9th Cir. June 22, 2021), a 2-1 panel orders a new trial for a defendant where “the prosecutor trivialized” the reasonable-doubt standard during closing argument, comparing it to “something that you use every single day in your life” such as “having a meal … firmly convinced that theContinue reading “Assistant U.S. Attorney Who Told Jury That Reasonable Doubt Is the Confidence of “Having a Meal” Without Getting “Sick” Earns the Defendant a New Trial, Holds Ninth Circuit”

Evidence of Alleged Prior Assaults Against Different Victims Was Inadmissible Under Fed. R. Evid. 404 and 405, Holds Ninth Circuit

In United States v. Charley, No. 19-10133 (9th Cir. June 13, 2021), the Ninth Circuit vacates a defendant’s convictions on two counts of assault within the territorial jurisdiction of the United States, and remands for a new trial on the assault counts, holding that it was not harmless error to admit evidence of the defendant’sContinue reading “Evidence of Alleged Prior Assaults Against Different Victims Was Inadmissible Under Fed. R. Evid. 404 and 405, Holds Ninth Circuit”

Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act

In Maine Community Health Options v. Albertsons Cos., Inc., No. 20-35931 (9th Cir. Mar. 31, 2021), deciding an issue of first impression for the circuit, the judges – following different routes – holds that there is diversity jurisdiction over an action under Section 7 of the Federal Arbitration Act (FAA), 9 U.S.C. § 7, seeking enforcementContinue reading “Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act”

Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity

A split panel in Estate of Anderson v. Marsh, No. 19-15068 (9th Cir. Jan. 15, 2021) holds that the court of appeals lacks jurisdiction over an interlocutory appeal – at the summary judgment stage – of a denial of qualified immunity. The dissenting judge, though, implores the Supreme Court to review the appellate jurisdiction issue,Continue reading “Dissenting Ninth Circuit Judge Makes “Plea to the Supreme Court” to Fix Interlocutory Appeals of Qualified Immunity”

Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit

In Langere v. Verizon Wireless Servs., No. 19-55747 (9th Cir. Dec. 29, 2020), the Ninth Circuit clarifies the standard for when a three-judge panel may overrule circuit precedent in the face of “irreconcilable” Supreme Court authority. It holds that it is not necessary for the prior circuit caselaw to be on all fours with theContinue reading “Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit”

Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit

In Clare v. Clare, No. 19-36039 (9th Cir. Dec. 8, 2020), a case concerning a husband’s intrusion into his wife’s work e-mail, the Ninth Circuit reverses exclusion of a declaration about how the office stored data. Andrea Clare sued Kevin Clare under the federal Stored Communications Act (SCA) 18 U.S.C. § 2701 et seq., forContinue reading “Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit”

“Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing

In McGee v. Diamond Foods, Inc., No. 17-55577 (9th Cir. Dec. 4, 2020), the Ninth Circuit affirms dismissal of a lawsuit against a snack food company alleging adulteration with an unhealthy ingredient, finding no Article III injury in fact. “McGee contends that Diamond engaged in unfair practices, created a nuisance, and breached the warranty ofContinue reading ““Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing”

Misdemeanor Trial for On-Board Assault Properly Venued in District Where Plane Landed, Holds En Banc Ninth Circuit

In United States v. Lozoya, No. 17-50336 (9th Cir. Dec. 3, 2020), the Ninth Circuit holds 8-3 that the prosecution of an on-board misdemeanor is venued, under 18 U.S.C. § 3237(a), in the district where the plane lands and not the flyover district where the crime occurred. During a Minneapolis-to-Los Angeles flight, defendant Lozoya “wantedContinue reading “Misdemeanor Trial for On-Board Assault Properly Venued in District Where Plane Landed, Holds En Banc Ninth Circuit”