The Ninth Circuit affirmed the district court's decision to remand April Dominguez's Title XVI disability claim to the ALJ for further proceedings rather than remanding with instructions to compute and award benefits, even though the government conceded the ALJ legally erred in rejecting her treating physician's…
U.S. Court of Appeals for the Ninth Circuit, 2015
Published opinions from 2015. The case name opens the case page.
2015 opinions
9th Cir.Heather Rounds, Plaintiff-Appellant v. Commissioner Social Security Administration, Defendant-Appellee
December 7, 2015807 F.3d 996
The court affirmed the ALJ’s evaluation of Rounds’ medical opinions, symptom testimony, and lay witness evidence, but vacated the judgment in part and remanded because the ALJ did not reconcile an apparent conflict between Rounds’ one- to two-step-task limitation and jobs requiring Level Two reasoning.
9th Cir.Sergio Casillas Ramirez, Plaintiff-Appellant v. County of San Bernardino, a Political Subdivision; Rod Hoops…
November 23, 2015806 F.3d 1002
The Ninth Circuit held that Federal Rule of Civil Procedure 15(a) imposes no timing mechanism or required sequence for amendments: a plaintiff who first amends with the opposing party's written consent under Rule 15(a)(2) retains his one 'as a matter of course' amendment under Rule 15(a)(1) and may exercise it…
The Ninth Circuit held that an ALJ must identify which symptom testimony is discredited and give specific, clear, and convincing reasons supported by the record; summarizing medical evidence used for an RFC finding does not meet that requirement.
A per curiam Ninth Circuit panel reversed the Prison Litigation Reform Act screening dismissal of a transgender prisoner's pro se § 1983 claim that officials' refusal to provide sexual reassignment surgery (SRS) for severe gender dysphoria showed Eighth Amendment deliberate indifference.
9th Cir.Maria Escobedo, Plaintiff-Appellant v. Applebees, Defendant, and Apple American Group; Apple Nevada, LLC…
June 4, 2015787 F.3d 1226
The court held that Escobedo filed her Title VII complaint when she delivered it to the clerk with her in forma pauperis application, and that she had a reasonable time after denial of the application to pay the fee.
The Ninth Circuit vacated the district court's remand of a CAFA wage-and-hour class action and remanded on an open record, holding that when a removing defendant's amount-in-controversy assertion is challenged, both sides submit proof and the court decides by a preponderance of the evidence, with the burden on the…
9th Cir.Lonnie Clark Williams, Jr., Plaintiff-Appellant v. Daniel Paramo
January 7, 2015775 F.3d 1182
The Ninth Circuit held that 28 U.S.C. § 1915(g) requires a three-strikes prisoner to be under imminent danger of serious physical injury both when the complaint is filed and when the notice of appeal is filed, but that a prisoner who showed imminent danger in the district court is entitled to a presumption of…