Ninth Circuit – Page 2 – Paul Mollica's Federal Courts Blog

Ninth Circuit Reassigns a Case Where the Judge and Defendant Formerly Clerked Together for the Same Ninth Circuit Judge

In Creech v. U.S. Dist. Ct. for the District of Idaho, No. 24-4455 (9th Cir. Oct. 16, 2024), the Ninth Circuit grants mandamus to remove a district court judge in a case where the judge admitted a long-term friendship with one of the defendants, going back to when they were Ninth Circuit clerks. This comesContinue reading “Ninth Circuit Reassigns a Case Where the Judge and Defendant Formerly Clerked Together for the Same Ninth Circuit Judge”

In Zeyen v. Bonneville Joint Dist., No. 23-35438 (9th Cir. Aug. 23, 2024), the Ninth Circuit holds that when an open case is reassigned to a new district court judge, the successor may only reverse a predecessor’s decision when it is both “clearly erroneous and . . . its enforcement would work a manifest injustice.”Continue reading “Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions”

Another case involving one of my favorite federal common law rules: in United States v. Terabelian, No. 21-50291 (9th Cir. June 27, 2024), the Ninth Circuit dismisses the direct appeal of a criminal conviction on the ground that the defendant removed her location-monitoring device and fled to country to Montenegro before sentencing, citing the fugitive-disentitlementContinue reading “Fugitive-Disentitlement Doctrine Dooms Criminal Appeal of Defendant Who Fled the Country, Holds Ninth Circuit”

In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States could appeal a district court order, under the collateral-order, directing the Government to pay monetary sanctions for an alleged Brady violation. Mid-trial during a homicideContinue reading “Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney”

In Casola v. Dexcom, Inc., No. 23-55403 (9th Cir. Apr. 10, 2024), the Ninth Circuit rejects a California corporation’s attempt to avoid the forum-defendant rule by filing removal petitions in federal court under 28 U.S.C. § 1441(a) even before the cases were docketed in California state court. The forum-defendant rule is an exception to removalContinue reading “Ninth Circuit Nixes “Super Snap Removals” to Circumvent the Forum Defendant Rule, 28 U.S.C. § 1441(b)(2)”

In United States v. Perez-Garcia, No. 22-50314 (9th Cir. Mar. 18, 2024), the Ninth Circuit holds that once it has already announced a decision, any arguments thereafter regarding mootness are discretionary rather than jurisdictional, subject to “equitable and pragmatic considerations.” During a criminal proceeding below, two defendants – as a condition of pretrial release –Continue reading “Ninth Circuit Holds That Mootness is Discretionary, Rather Than Jurisdictional, Doctrine After the Court of Appeals Has Rendered Its Decision”

In Voltage Pictures,LLC v. Gussi S.A. de C.V., No. 23-55123 (9th Cir. Feb. 5, 2023), the Ninth Circuit holds that when the Federal Arbitration Act (FAA) § 9’s nonresident service provision does not apply to service of notice of an application to confirm a foreign arbitral award – because the adverse party is not subjectContinue reading “Ninth Circuit Splits with Second Circuit About Which Federal Rule to Follow for Service of Notice of Application to Confirm Foreign Arbitral Award Under the Federal Arbitration Act When FAA § 9 Does Not Apply”

In Holt v. Cnty. of Orange, No. 22-55806 (9th Cir. Jan 26, 2024), the Ninth Circuit joins other circuits in holding that, notwithstanding 28 U.S.C. § 1367(d), dismissal of a party for improper joinder does not toll statute of limitations for the period that the party’s federal-law claims were pending before dismissal. Plaintiff “Holt andContinue reading “Dismissal of Party for Improper Joinder Under Fed. R. Civ. P. 21 Does Not Toll Limitations for Federal Claims, Holds Ninth Circuit”

In Kamal v. Eden Creamery, LLC, No. 21-56260 (9th Cir. Dec. 21, 2023), the panel holds that voluntary dismissal must, as a matter of course, be granted without prejudice under Fed. R. Civ. P. 41(a)(2) unless the defendant can establish that it would suffer legal prejudice, meaning “prejudice to some legal interest, some legal claim,Continue reading “Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice”

In Habelt v. iRhythm Technologies, Inc., No. 22-15660 (9th Cir. Oct. 11, 2023), a 2-1 panel holds that the original putative lead plaintiff in a securities fraud case was no longer a “party” with standing to appeal when a different lead plaintiff was appointed by the district court under the Private Securities Litigation Reform ActContinue reading “Split Ninth Circuit Panel Holds That Plaintiff Who Filed Original Securities Fraud Action Ceased to Be a Party When Court Appointed a Different Lead Plaintiff Under the PSLRA”