U.S. Court of Appeals for the Ninth Circuit, 2010

The Ninth Circuit affirmed summary judgment for Oracle Corporation and three of its officers in a securities fraud case arising from Oracle's two-cent miss of its third-quarter fiscal 2001 earnings guidance.

The Ninth Circuit affirmed dismissal of Kennith Shroyer's fraud and unfair competition claims—and the declaratory-relief claims attached to them—but reversed dismissal of his breach of contract claim and its declaratory counterpart, holding that 47 U.S.C.

The Ninth Circuit reversed the district court's sua sponte dismissal of claims thirteen through thirty-three of prisoner Kavin Rhodes' second amended complaint (SAC) for failure to exhaust administrative remedies under the PLRA, 42 U.S.C. § 1997e(a).

The Ninth Circuit denied Zetino’s petition for review, concluding that the BIA acted within its discretion in refusing his untimely brief, that neither the BIA nor the IJ denied him due process, and that substantial evidence supported the finding that his feared harms lacked a nexus to a protected ground.

Amending its published opinion and denying rehearing and rehearing en banc, the Ninth Circuit affirmed the district court's judgment in this CCRAA class action against Equifax, Experian, TransUnion, and collector CCS.

The Ninth Circuit affirmed the district court's summary judgment upholding the Commissioner's denial of Title II disability insurance benefits to James Turner, a Vietnam veteran with post-traumatic stress disorder whose date last insured was December 31, 1990.

The Ninth Circuit affirmed the district court's summary judgment rejecting the Simmonses' section 1983 claims against Navajo County jail personnel, their supervisors, and the municipality, concluding that no individual defendant was deliberately indifferent to seventeen-year-old pretrial detainee Jasper Simmons's…

The court held that the Fair Credit Reporting Act did not authorize a collection agency to obtain Pintos’s credit report to collect an unadjudicated towing deficiency because she did not initiate the transaction and the agency was not a judgment creditor.

In a per curiam opinion, the Ninth Circuit granted the government's motion for summary disposition and denied the petition for review of the BIA's denial of the Petitioners' second motion to reopen seeking asylum, withholding of removal, and CAT protection.

The Ninth Circuit denied Farangis Najmabadi's petition for review of the BIA's denial of her motion to reopen removal proceedings based on changed conditions in Iran. Confining review to the ground the BIA actually relied upon — failure to introduce previously unavailable, material evidence — the panel held the Board…

The Ninth Circuit held that California Code of Civil Procedure § 354.3, which extended the statute of limitations until 2010 for actions to recover Holocaust-era artwork, is preempted under the foreign affairs doctrine: the statute does not conflict with any current executive policy (the external restitution policy…

The court dismissed Shrestha’s asylum claim because he conceded that it was time-barred, leaving no jurisdiction to review it. It denied review of the withholding-of-removal and CAT claims, concluding that substantial evidence supported the agency’s adverse credibility determination and its finding that the remaining…