Split Ninth Circuit Panel Applies Prior Exclusive Jurisdiction Rule to Affirm Dismissal of Federal Action Against State Insurance Commission

In Applied Underwriters v. Laras,  No. 21-15679 (9th Cir. June 10, 2022), a split panel affirms the dismissal of a federal civil-rights action in favor of a pending state conservatorship action, but disagrees on the grounds. The panel majority would affirm under the prior exclusive jurisdiction rule, while the concurring judge would rely (as didContinue reading “Split Ninth Circuit Panel Applies Prior Exclusive Jurisdiction Rule to Affirm Dismissal of Federal Action Against State Insurance Commission”

Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial

In United States v. Allen, No. 21-10060 (9th Cir. May 16, 2022), the Ninth Circuit holds that a district court’s COVID-19 precautions that denied the public streamed hearings of a criminal defendant’s case violated his Sixth Amendment rights and required a new suppression hearing and trial. “At the height of the coronavirus pandemic in 2020,Continue reading “Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial”

Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit

In Kubiak v. County of Ravalli, No. 21-35542 (9th Cir. May 3, 2022), the Ninth Circuit holds that a Fed. R. Civ. P. 68 offer of judgment remained open for fourteen days for the plaintiff to accept, even after the district court granted summary judgment (but did not enter final judgment) while the time wasContinue reading “Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit”

Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order”

In ICTSI Oregon, Inc. v. Int’l Longshore and Warehouse Union, No. 20-35818 (9th Cir. Jan. 18, 2022), the Ninth Circuit declines to accept certification of an interlocutory appeal under 28 U.S.C. § 1292(b). It holds that one question in the certified order is really just a question of fact, while the other question – whileContinue reading “Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order””

Ninth Circuit Holds That Conditional Counterclaim for Damages Does Not Bring Declaratory Action Within Court’s Mandatory Jurisdiction

In Argonaut Ins. Co. v. St. Francis Med. Cntrs., No. 19-17314 (9th Cir. Nov. 17, 2021), the Ninth Circuit holds that the ordinary rule that (1) a declaratory-relief claim brought under 28 U.S.C. § 2201 becomes mandatory if combined with a monetary claim does not apply if (2) the monetary claim is a conditional counterclaimContinue reading “Ninth Circuit Holds That Conditional Counterclaim for Damages Does Not Bring Declaratory Action Within Court’s Mandatory Jurisdiction”

Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit

In Dietrich v. The Boeing Co., No. 19-56409 (9th Cir. Oct. 1, 2021), the Ninth Circuit aligns itself with other circuits in holding that the removal section 28 U.S.C. § 1446(b)(3) is triggered by the filing or service of “an amended pleading, motion, order or other paper” that discloses an “unequivocally clear and certain” basisContinue reading “Deposition Testimony Is Not “A Pleading, Motion, Order or Other Paper” for Removal Purposes Under 28 U.S.C. § 1446(b)(3) Holds Ninth Circuit, Splitting with the Tenth Circuit”

Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.”

In LA Alliance for Human Rights v. County of Los Angeles, No. 21-55395 (9th Cir. Sept. 23, 2021), the panel eviscerated a preliminary injunction won by a group of homeless advocates, holding that the district court made findings based on its own research, based on claims not raised by the plaintiffs. “Nearly one in fourContinue reading “Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.””

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”