9th Circuit Opinions
Ninth Circuit Affirms Denial of Preliminary Injunction in Land Exchange Case
The Ninth Circuit Court of Appeals affirmed the district court's denial of a preliminary injunction against a land exchange mandated by the Southeast Arizona Land Exchange and Conservation Act. The ruling impacts approximately 2,500 acres of National Forest land, including Oak Flat, and a significant copper deposit. The court found plaintiffs' claims under NEPA, NHPA, RFRA, and the Constitution unlikely to succeed.
San Carlos Apache Tribe v. US Forest Service - Land Exchange Dispute
The Ninth Circuit Court of Appeals affirmed the denial of a preliminary injunction against a congressionally mandated land exchange involving the Tonto National Forest. The court found that plaintiffs' claims under NEPA, NHPA, RFRA, and the Constitution were unlikely to succeed on the merits, allowing the land exchange to proceed.
Ninth Circuit Opinion: Arizona Mining Reform Coalition v. US Forest Service
The Ninth Circuit Court of Appeals affirmed the denial of a preliminary injunction against a land exchange mandated by the Southeast Arizona Land Exchange and Conservation Act. The court found that plaintiffs' claims under NEPA, NHPA, RFRA, and the Constitution were unlikely to succeed on the merits.
Ninth Circuit: Preliminary Injunction Against Montana's HB 359 Affirmed
The Ninth Circuit affirmed a district court's preliminary injunction against Montana's HB 359, which restricts 'drag story hours' and 'sexually oriented performances.' The court found that plaintiffs are likely to succeed on their First Amendment claims, enjoining enforcement of the law. The ruling impacts state officials and entities receiving state funding.
Cervantes-Torres v. USA - Amended Opinion on Coram Nobis Petition
The Ninth Circuit Court of Appeals issued an amended opinion in Cervantes-Torres v. USA, affirming the district court's partial denial of a coram nobis petition. The court held that the petitioner failed to demonstrate a fundamental error regarding his firearm possession convictions under 18 U.S.C. ยง 922(g).
9th Circuit Denies Rehearing in Transgender Exclusion Policy Case
The Ninth Circuit Court of Appeals denied a petition for rehearing en banc in a case concerning the Washington Law Against Discrimination (WLAD) and a spa's transgender exclusion policy. The court upheld its prior decision, which affirmed the exclusion policy's potential violation of WLAD.
Combs v. Broomfield - Habeas Corpus Death Penalty Petition Denial Affirmed
The Ninth Circuit affirmed the denial of Michael Stephen Combs' habeas corpus petition challenging his death sentence. The court found that the California Supreme Court reasonably applied federal law in denying claims of ineffective assistance of counsel during the penalty phase.
Netchoice LLC v. Bonta - California Age-Appropriate Design Code Act
The Ninth Circuit Court of Appeals affirmed in part and vacated in part a preliminary injunction against California's Age-Appropriate Design Code Act (CAADCA). The court found NetChoice was unlikely to succeed on facial challenges to the CAADCA's coverage definition and age estimation requirement, vacating the injunction on those grounds. However, the injunction was affirmed regarding data use and dark patterns restrictions due to vagueness.
Ninth Circuit Reverses, Vacates District Court Ruling on ADA Damages
The Ninth Circuit reversed and vacated a district court's ruling on damages in a disability discrimination case under Title II of the ADA. The court reinstated a jury's award of $218,500 to one plaintiff and $24,000 to another, finding the district court abused its discretion in reducing the damages.
Hudacko v. Regents of UC - Rehearing Denied
The Ninth Circuit Court of Appeals has denied a petition for rehearing in the case of Hudacko v. Regents of the University of California. The court's order indicates that neither panel rehearing nor en banc rehearing was granted.
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