OPINION THOMAS, Circuit Judge: Erin and Shawn Holmes appeal the district court's grant of summary judgment in favor of Merck & Company in their diversity action alleging wrongful death. They contend that the district court erred in applying the standards of the National Childhood Vaccine Injury Act (Vaccine Act or the Act), 42 U.S.C. 300aa-22, to their individual claims for damages. We have jurisdiction pursuant to 28 U.S.C. 1291. We affirm. I When Jacob Holmes was one year old, his...
OPINION FISHER, Circuit Judge: After the September 11, 2001 attacks on the United States, the government detained Jose Padilla, an American citizen, as an enemy combatant. Padilla alleges that he was held incommunicado in military detention, subjected to coercive interrogation techniques and detained under harsh conditions of confinement, all in violation of his constitutional and statutory rights. In this lawsuit, plaintiffs Padilla and his mother, Estela Lebron, seek to hold defendant John...
ORDER We certify to the Washington Supreme Court the questions set forth in Part III of this order. Further proceedings in this court are stayed pending receipt of the answer to the certified questions. This case is withdrawn from submission until further order of this court or an order declining to accept the certified questions. If the Washington Supreme Court accepts the certified questions, the parties will file a joint report six months after the date of acceptance, and every six months...
OPINION FISHER, Circuit Judge: A coalition of environmental groups (Montana Wilderness Association, et al., hereinafter MWA) challenges the 2006 Gallatin National Forest Travel Management Plan prepared by the United States Forest Service, arguing that the travel plan violates the Montana Wilderness Study Act of 1977 (Study Act). We hold that the Study Act requires the Service to ensure that current users of a wilderness study area are able to enjoy the wilderness character of the area as it...
OPINION RAWLINSON, Circuit Judge: Olakunle Oshodi petitions this court for review of a decision by the Board of Immigration Appeals (BIA) affirming the immigration judge (IJ), who made an adverse credibility determination and denied Oshodi's requests for withholding of removal and relief pursuant to the Convention Against Torture (CAT). 1 We have jurisdiction pursuant to 8 U.S.C. 1252, and we deny the petition for review. I. BACKGROUND A. Oshodi's Asylum Application Oshodi, a citizen...
OPINION GOULD, Circuit Judge: Honda appeals the district court's decision to certify a nationwide class of all consumers who purchased or leased Acura RLs equipped with a Collision Mitigation Braking System ("CMBS") during a 3 year period under Federal Rule of Civil Procedure 23(b)(3). Plaintiffs allege that certain advertisements misrepresented the characteristics of the CMBS and omitted material information on its limitations. The complaint states four claims under California Law. Honda...
OPINION M. SMITH, Circuit Judge: This case arises out of three applications by the Tongue River Railroad Company, Inc. (TRRC) to build a 130-mile railroad line in Southeastern Montana to haul coal. The Surface Transportation Board (Board), or its predecessor, the Interstate Commerce Commission (ICC), approved each of the three applications (individually, TRRC I, II, and III). Northern Plains Resource Council, Inc. (NPRC), Mark Fix, the City of Forsyth, Native Action, Inc. (Native Action), and...
OPINION D.W. NELSON, Senior Circuit Judge: Petitioner Jose Estrella appeals the denial of his habeas petition. Estrella contends that the California state trial court violated his Sixth Amendment rights when it imposed an upper term sentence based in part on its conclusion that he was on parole for a violent offense at the time of the crime. The district court concluded that Estrella suffered an error pursuant Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000),...
OPINION KOZINSKI, Chief Judge: The Balderases allege that they are immigrants who were rooked by a bank that signed them up for loans it knew they couldn't afford, on terms they didn't agree to. These are the facts as recited in the complaint: Mor Cazakov, a mortgage broker, cold-called the Balderases, representing that he could refinance their home, switch them to a fixed rate mortgage and let them cash out $50,000, all without a penalty. Subsequently, Soraya Qassim, a "duly authorized agent"...
OPINION FISHER, Circuit Judge: We address the constitutionality of three provisions of Washington election law as applied to the political committees that support and oppose ballot measures. We hold that Washington's disclosure requirements, Washington Revised Code 42.17.090 and Washington Administrative Code 390-16-034, which require these committees to disclose the name and address of contributors giving more than $25, and additionally to disclose the employer and occupation of...
OPINION McKEOWN, Circuit Judge: This case is one of many arising from claims that the federal government, with the assistance of major telecommunications companies, engaged in widespread warrantless eavesdropping in the United States following the September 11, 2001, attacks. At issue in this appeal is whether Carolyn Jewel and other residential telephone customers (collectively "Jewel") have standing to bring their statutory and constitutional claims against the government for what they...
OPINION McKEOWN, Circuit Judge: Joe McMurray and other residential telephone and internet customers (collectively "McMurray") appeal from the district court's dismissal of their complaint against government officials and a group of telecommunications companies. McMurray challenges section 802 of the Foreign Intelligence Surveillance Act ("FISA") as an unconstitutional taking under the Fifth Amendment. Section 802 allows the U.S. Attorney General to certify that a telecommunications company...
OPINION McKEOWN, Circuit Judge: These consolidated appeals arise from claims that major telecommunications carriers assisted the government with intelligence gathering following the terrorist attacks on September 11, 2001. News reports that the National Security Agency ("NSA") undertook a warrantless eavesdropping program with alleged cooperation by telecommunications companies spawned dozens of lawsuits by customers against the companies, along with multiple suits against the NSA and other...
OPINION REINHARDT, Circuit Judge: Scott Raymond Shetler ("Shetler") appeals from his conviction for maintaining his residence "for the purpose of manufacturing, distributing, or using" methamphetamine in violation of 21 U.S.C. 856(a)(1). Shetler contends that the district court erred in denying his motion to suppress certain inculpatory statements he made to Drug Enforcement Agency (DEA) officials. Because the government did not bear its burden of showing that these statements were not the...
OPINION B. FLETCHER, Circuit Judge: Julio Alfonso Valenzuela-Espinoza appeals his conviction for possession of marijuana with intent to distribute and conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. 841 and 846. Because the delay in presenting Valenzuela-Espinoza to a magistrate was unreasonable, his statements made more than six hours after his arrest must be suppressed under the rule announced in both McNabb v. United States, 318 U.S. 332 , 63 S.Ct....
ORDER The panel acknowledges the amended table of contents in Appellees' corrected petition for rehearing, filed November 21, 2011. Appellees' motion for leave to file a corrected petition for rehearing is DENIED. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Appellees' petition for rehearing and petition for rehearing en banc, filed November 18, 2011, is DENIED. The...
OPINION M. SMITH, Circuit Judge: With few exceptions, Defendant-Appellee Incline Village General Improvement District (IVGID) only allows people who own or rent real property within IVGID's 1968 boundaries to access beaches that it owns and operates. Plaintiff-Appellant Frank Wright (Wright), who is excluded from the beach because he does not live within the 1968 boundaries, argues that this policy is unconstitutional under the First Amendment and the Equal Protection Clause of the Fourteenth...
OPINION PREGERSON, Circuit Judge: Plaintiffs-Appellants contend that Barack Obama is constitutionally ineligible to be President of the United States. United States District Court Judge David O. Carter dismissed Plaintiffs' constitutional claims, as well as their claims for declaratory and injunctive relief, for lack of standing. We affirm the dismissal for lack of standing, albeit on somewhat different reasoning than that of the District Court. Plaintiffs additionally appeal the District...
OPINION FISHER, Circuit Judge: Veoh Networks (Veoh) operates a publicly accessible website that enables users to share videos with other users. Universal Music Group (UMG) is one of the world's largest recorded music and music publishing companies, and includes record labels such as Motown, Def. Jam and Geffen. In addition to producing and distributing recorded music, UMG produces music videos. Although Veoh has implemented various procedures to prevent copyright infringement through its...
OPINION W. FLETCHER, Circuit Judge: Plaintiffs, Washington State Medicaid beneficiaries with severe mental and physical disabilities, appeal the district court's denial of their motion for a preliminary injunction. Plaintiffs seek to enjoin the operation of a regulation promulgated by Washington's Department of Social and Health Services ("DSHS") that reduces the amount of in-home "personal care services" available under the state's Medicaid plan. The United States Department of Justice has...
