OPINION RAKOFF , District Judge : In the 1850s, Isaac Stevens, then-Governor and Superintendent of Indian Affairs of the Washington Territory, executed eleven treaties with Indian tribes in an area that later became part of the State of Washington. See Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, 443 U.S. 658 , 666, 99 S.Ct. 3055, 61 L.Ed.2d 823 (1979); United States v. Washington, 384 F.Supp. 312 , 330 (W.D. Wash. 1974) (" Final Decision # I "), aff'd...
OPINION CHOE-GROVES , Judge : Multi-Departmental Administrative Rules 08-01 ("MDAR 08-01"), enacted by the City of Seattle in 2008, establish, in part, standard procedures for the removal of unauthorized encampments, camping equipment, and personal property left on city-owned property. The City of Seattle amended its encampment rules in 2017 by promulgating Multi-Departmental Administrative Rules 17-01 ("MDAR 17-01"). The Washington State Department of Transportation ("WSDOT") has adopted...
OPINION GRABER , Circuit Judge : We must decide whether a plaintiff who obtains a preliminary injunction under the All Writs Act, 28 U.S.C. 1651(a), qualifies as a "prevailing party" for fee-shifting purposes by virtue of that injunction, where the order granting injunctive relief makes no mention of the merits of the plaintiff's claims. We hold that the answer is "no." BACKGROUND In 2011, the Hawaii legislature enacted measures designed "to provide for and to implement the recognition...
OPINION FRIEDLAND , Circuit Judge : Petitioners, a variety of environmental groups and other organizations, seek review of a rule promulgated by the United States Environmental Protection Agency ("EPA" or "the Agency") establishing a process to evaluate the health and environmental risks of chemical substances. EPA promulgated the "Risk Evaluation Rule" under its authority granted by 15 U.S.C. 2605(b)(4)(B), a provision added in 2016 to the Toxic Substances Control Act ("TSCA"), 15 U.S.C....
OPINION WALLACE , Circuit Judge : The Affordable Care Act (ACA) and the regulations implementing it require group health plans to cover contraceptive care without cost sharing. Federal agencies issued final rules exempting employers with religious and moral objections from this requirement. The district court issued a preliminary injunction barring the enforcement of the rules in several states. We have jurisdiction under 28 U.S.C. 1292, and we affirm. I. We recounted the relevant...
OPINION BERZON , Circuit Judge : May LinkedIn, the professional networking website, prevent a competitor, hiQ, from collecting and using information that LinkedIn users have shared on their public profiles, available for viewing by anyone with a web browser HiQ, a data analytics company, obtained a preliminary injunction forbidding LinkedIn from denying hiQ access to publicly available LinkedIn member profiles. At this preliminary injunction stage, we do not resolve the companies' legal...
ORDER M. SMITH , Circuit Judge . The prior opinion in this case, found at Jessop v. City of Fresno, 918 F.3d 1031 (9th Cir. 2019), is hereby withdrawn. A superseding opinion will be filed concurrently with this order. Plaintiffs-Appellants' petition for rehearing en banc remains pending. OPINION Micah Jessop and Brittan Ashjian (Appellants) appeal an order granting a motion for summary judgment on a defense of qualified immunity. City of Fresno and Fresno police officers Derik...
OPINION N.R. SMITH , Circuit Judge . Derivative beneficiaries of an alien entrepreneur in the immigrant investor program (EB-5 program), who receive conditional legal permanent resident ("LPR") status, are entitled to the same review rights in removal proceedings as the alien entrepreneur. 8 C.F.R. 216.6(d)(2). Thus, in removal proceedings, an immigration judge's ("IJ") failure to review the denial of an I-829 petition (even though the alien is a beneficiary of the petition) is error. I....
ORDER PER CURIAM : Appellant Qualcomm Incorporated ("Qualcomm") moves for a partial stay pending appeal of the district court's May 21, 2019 permanent injunction, which it entered following a trial on antitrust claims brought by the Federal Trade Commission ("FTC"). We grant Qualcomm's motion. The FTC alleged that Qualcomm, a leader in cellular standard technology, violated Sections 1 and 2 of the Sherman Act and Section 5 of the FTC Act in connection with the licensing of its standard...
OPINION HURWITZ , Circuit Judge : In 2015, San Bernardino County Sheriff's Deputies cited four enrolled members of the Chemehuevi Indian Tribe for violating California regulatory traffic laws. Two of the Tribe's members were cited on Section 36 of Township 5 North, Range 24 East ("Section 36"), a one square mile plot the Tribe claims is part of its Reservation; two were cited elsewhere on the Reservation. It is undisputed that the Sheriff cannot enforce regulatory traffic laws in "Indian...
OPINION CLIFTON , Circuit Judge : California state prisoner Steven Livaditis appeals the district court's denial of his habeas corpus petition challenging his capital sentence. Livaditis pled guilty to three counts of first degree murder, five counts of robbery, three counts of kidnapping, and one count of second degree burglary in connection with his armed robbery of a jewelry store in Beverly Hills, California. The California Supreme Court, which had previously affirmed his convictions...
ORDER CERTIFYING QUESTION TO THE NEVADA SUPREME COURT Ronald M. Gould , Circuit Judge . We ask the Nevada Supreme Court to resolve an open question of state law. We need guidance in determining whether claims against a debt collector under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., are compulsory counterclaims under Rule 13 of the Nevada Rules of Civil Procedure in an action to collect that debt. Accordingly, we certify the following question: Is an FDCPA...
OPINION CHRISTEN , Circuit Judge : In 1997, Riley Briones, Jr. received a mandatory sentence of life without the possibility of parole (LWOP) for his role in a robbery that resulted in murder. Briones was 17 years old at the time of the crime. In 2012, the Supreme Court held that mandatory LWOP sentences for juvenile offenders violate the Eighth Amendment's prohibition on cruel and unusual punishment. Miller v. Alabama, 567 U.S. 460, 465, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). After...
OPINION OWENS , Circuit Judge : Lindie Banks and her daughter Erica LeBlanc ("Banks"), hoping to represent a class of plaintiffs, appeal from the dismissal of their putative class action lawsuit against Northern Trust Company and Northern Trust Corporation ("Northern") for violations of state law involving breaches of fiduciary duty by a trustee. The district court interpreted the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") to bar the case from proceeding in federal...
ORDER ON MOTIONS FOR STAY PENDING APPEAL ORDER PER CURIAM : BACKGROUND In 1970, Congress enacted Title X of the Public Health Service Act ("Title X") to create a limited grant program for certain types of pre-pregnancy family planning services. See Pub. L. No. 91-572, 84 Stat. 1504 (1970). Section 1008 of Title X, which has remained unchanged since its enactment, is titled "Prohibition of Abortion," and provides: None of the funds appropriated under this subchapter shall be used in...
OPINION PER CURIAM : In July 2017, President Trump announced on Twitter that transgender individuals would not be allowed to serve in the military. This was followed by an August 2017 Memorandum implementing his announcement. Plaintiffs, transgender individuals who serve in the military or seek to do so, subsequently joined by the State of Washington, brought this lawsuit alleging that the 2017 Memorandum unconstitutionally discriminated against transgender individuals. The district court...
OPINION WATFORD , Circuit Judge : These are consolidated appeals from a district court order holding two sets of appellants in civil contempt for violating the court's preliminary injunction. We conclude that we lack jurisdiction over both appeals. The appeals arise out of the same set of facts. David Daleiden attended the annual meetings of the National Abortion Federation (NAF) in 2014 and 2015, allegedly under false pretenses. While there, he and agents of his organization, the Center...
OPINION HAWKINS , Senior Circuit Judge : This case tests the outer limits of what constitutes a "reasonably conspicuous" provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce. Here, Randall Holl employs the extraordinary writ of mandamus to test the district court's conclusion that United Parcel Service, Inc.'s ("UPS's") arbitration provision passed muster. Viewing Holl's challenge through the lens of the strict requirements of Bauman...
OPINION KORMAN , District Judge : Isaias Lorenzo Lopez was born in Oaxaca, Mexico in 1984. In September 1998, when he was fourteen years old, he arrived in the United States to be with his father, a lawful permanent resident ("LPR"). Lorenzo was paroled into the United States and, two years later, on February 12, 2002, he became an LPR. While in the United States, Lorenzo graduated from high school, receiving good grades while working to support his family. After graduating, he continued...
OPINION N.R. SMITH , Circuit Judge : Under federal law, local authorities and municipalities, involved in the regulation of cable television services within their boundaries, are exempted from civil money damages liability in any lawsuit for any claim arising from the regulation of cable services. See 47 U.S.C. 555a(a). This lawsuit concerns the calculation and payment of cable franchise fees. Because Comcast of Sacramento ("Comcast") seeks money damages in this suit, brings it...
