OPINION PER CURIAM : Douglas J. Campion appeals the district court's orders denying his motion for class certification, denying his motion for leave to amend his complaint, and granting Defendant Old Republic's motion for partial summary judgment. For the reasons that follow, we dismiss Campion's appeal as moot. Campion brought a class action against Old Republic, alleging several causes of action, including breach of contract, breach of the implied covenant of good faith and fair dealing,...
OPINION GRABER , Circuit Judge : Claimant Adrian Burrell applied for social security disability benefits primarily because of debilitating headaches resulting from neck and back conditions. An administrative law judge ("ALJ") found her not disabled, the Appeals Council denied review, and the district court affirmed the denial of benefits. We conclude that substantial evidence supports neither the ALJ's rejection of Claimant's testimony nor his rejection of the medical assessment by...
OPINION BEA , Circuit Judge : Many people store every aspect of their lives on electronic devices. Those devices are brimming with correspondence, schedules, photographs, and music. As a result, a crashing computer or a lost smartphone can lead to catastrophic results for a person who failed to back up that data; the only record for years of a person's life can be lost in an instant. Criminals who possess child pornography are no different. Those criminals may likewise store important...
OPINION EBEL, Circuit Judge. This appeal arises from the district court's order denying Plaintiff-Appellant Pom Wonderful's motion for a preliminary injunction. Pom Wonderful—the owner of the "POM" standard character mark—brought a trademark infringement claim against Defendant-Appellee Robert G. Hubbard, Jr., d/b/a Portland Bottling Company and Pur Beverages ("Pur") to stop Pur from using the word "pom" on its pomegranate-flavored energy drink. The district court denied Pom Wonderful's...
OPINION BYBEE , Circuit Judge : Congress created Fannie Mae (the Federal National Mortgage Association) and Freddie Mac (the Federal Home Loan Mortgage Corporation) to foster the secondary market for home mortgages. Fannie's and Freddie's statutory charters exempt them from all state and local taxation, except for taxes on the entities' real property. In this appeal, we must decide whether the statutes exempt Fannie and Freddie from paying excise taxes on the transfer of real property...
ORDER THOMAS , Chief Judge : On April 8, 2014, a three-judge panel of this Court, with one judge dissenting, filed an order denying Henry's motion for reconsideration of the panel's November 1, 2013 order denying his petition for panel rehearing and a stay of proceedings pending the issuance of a decision by the en banc panel in McKinney v. Ryan, No. 09-99018, a case involving related issues. A judge of this Court sua sponte requested a vote as to whether the panel's April 8, 2014,...
OPINION THOMAS , Chief Judge : Eric Owen Mann, who was convicted and sentenced to death in Arizona state court for the murders of two men, appeals the district court's denial of his habeas corpus petition. We have jurisdiction under 28 U.S.C. 1291 and 28 U.S.C. 2253. We affirm in part and reverse in part. I A This case involves another tragic tale of drugs and violence. On the evening of November 23, 1989, Eric Mann and his then-girlfriend, Karen Miller, returned to the house they...
OPINION IKUTA , Circuit Judge : Allen Treichler appeals the district court's decision affirming in part and reversing and remanding in part the Social Security Commissioner's denial of his application for disability insurance benefits pursuant to the Social Security Act. He argues that the administrative law judge (ALJ) failed to provide sufficient reasons for finding him not credible, and therefore erred in rejecting his disability claim. He also contends that in light of this error, we...
I. FACTS AND PROCEEDINGS BELOW..................................................981 A. Background........................981 1. Factual Background-The Sacramento-San Joaquin Delta......................981 a. The Central Valley and the River Systems..............................981 b. The State Water Project and the Central Valley Project................983 c. Threatened and Endangered Species in the Delta........................986 2. Legal Background-The Endangered Species Act.....................
OPINION M. SMITH , Circuit Judge : Institute of Cetacean Research (Cetacean), Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa, and Toshiyuki Miura (collectively, Plaintiffs) filed this contempt proceeding against Sea Shepherd Conservation Society (Sea Shepherd US), its founder Paul Watson, its administrative director Susan Hartland, and six volunteer members of the Sea Shepherd U.S. board (collectively, Defendants). The Plaintiffs allege that the Defendants violated our injunction prohibiting...
OPINION CALLAHAN , Circuit Judge : Shareholders are required to make a "demand" on the corporation's board of directors before filing a derivative suit, unless they sufficiently allege that demand would be futile because the board would not act on the demand. Here, before Plaintiff Lawrence Arduini ("Arduini") filed his derivative action against International Gaming Technology' ("IGT") and its board of directors, four shareholders filed separate derivative suits that were subsequently...
OPINION THOMAS , Chief Judge : We again consider the fate of the threatened Northern Spotted Owl, this time in the context of a lumber thinning and fuel reduction project in northern California, known as the Beaverslide Project. Conservation Congress contends that the federal government violated various national environmental laws in failing to consult adequately as to the project's potential effects on the owl. 1 The district court granted summary judgment in favor of the government, and...
OPINION M. SMITH , Circuit Judge : In this consolidated class action, the Plaintiffs-Appellants (Plaintiffs) represent a class of investors that purchased stock in Apollo Group Inc., between May 21, 2007 and October 13, 2010 (the Class Period). The Plaintiffs allege that the Defendants-Appellees (Defendants), Apollo, a for-profit education company, and Apollo officers and directors, violated section 10(b) of the Securities and Exchange Act and SEC Rule 10b-5. According to the Plaintiffs,...
OPINION PER CURIAM : Daryl J. Kollman appeals the district court's judgment in an action by the United States to reduce to judgment income tax assessments for the 1996 calendar year and to foreclose on certain properties. The district court determined, among other things, that the government's collection suit was not barred by the ten-year statute of limitations. See 26 U.S.C. 6502(a)(1). 1 The court did so on the basis that the running of the statute of limitations had been tolled....
OPINION GRABER , Circuit Judge : Plaintiffs Vivid Entertainment, LLC; Califa Productions, Inc.; Kayden Kross; and Logan Pierce are organizations and individuals who make adult films in Los Angeles County. The Los Angeles County Department of Public Health, whose director is a defendant here, sent Plaintiffs a letter stating its intention to enforce the voter-initiated County of Los Angeles Safer Sex in the Adult Film Industry Act (2012) (commonly known as Measure B) (codified at Los...
OPINION ALBRITTON , Senior District Judge : OPINION This is a consolidated appeal in which Appellants J. Tyler Reves and Lynn G. Bedford appeal the District Court's denial of their motions to vacate their sentences under 28 U.S.C. 2255. On appeal as to Bedford, the Government argues, inter alia, that the district court did not have jurisdiction over Bedford's motion because it was filed the day after his sentence expired, meaning he was no longer "in custody" as is required to avail...
OPINION PER CURIAM : Family members of three union leaders killed in Colombia in August 2004 by members of the Colombian National Army's ("CNA") 18th Brigade brought this lawsuit in 2011 in Los Angeles, California, against Occidental Petroleum Corporation ("Occidental"), a Delaware corporation with headquarters in Los Angeles. Plaintiffs' complaint contains ten causes of action, three under 28 U.S.C. 1350, known as the Alien Tort Statute, and the rest under California tort law. As...
BERZON , Circuit Judge : ORDER The opinion filed February 20, 2014, and published at 743 F.3d 666 , is withdrawn. The superseding opinion shall be filed concurrently with this order. Further petitions for rehearing or petitions for rehearing en banc shall be allowed in the above-captioned matter. See G.O. 5.3(a). OPINION The government appeals the dismissal of Xochitl Garcia-Santana's indictment for unlawful reentry in violation of 8 U.S.C. 1326. The district court determined that...
OPINION PREGERSON , Circuit Judge : Chad Camou appeals the district court's denial of his motion to suppress images of child pornography found on his cell phone during a warrantless search. We have jurisdiction pursuant to 28 U.S.C. 1291. We reverse. FACTUAL & PROCEDURAL BACKGROUND I. Camou's Arrest and the Seizure of Camou's Cell Phone at 10:40 p.m. On August 1, 2009, United States Border Patrol agents stopped a truck belonging to Chad Camou at a primary inspection checkpoint on...
OPINION THOMAS , Chief Judge : This appeal presents the question of whether a $300,000 punitive damages verdict, in a Title VII sexual harassment case in which only nominal damages were awarded, comports with due process. Given the statutory scheme that governs punitive damages in Title VII cases and the circumstances of this case, we conclude that the award does not violate due process. We affirm the judgment of the district court. I ASARCO, LLC ("ASARCO") operates the Mission Mine...
