OPINION CALLAHAN , Circuit Judge : In December 1988, Michael Apelt ("Apelt") and his brother, Rudi, murdered Apelt's wife of less than two months in order to collect on her life insurance policy. The brothers were tried separately, convicted of first degree murder, and given death sentences. Having obtained no relief in the Arizona courts, Apelt filed a habeas petition in the United States District Court for the District of Arizona. After a stay of proceedings to allow Apelt to advance a...
OPINION SCHROEDER , Circuit Judge . Plaintiffs are individuals who are subject to potential prosecution for violations of California's bad check statute, which criminalizes the writing of bad checks with intent to defraud. The Defendants, Victim Services and related companies (collectively, "VSI"), pursuant to an agreement with the District Attorney's office, sent notices to the Plaintiffs that to avoid criminal prosecution they could participate in California's Bad Check Diversion Program,...
OPINION PER CURIAM . For the third time, we are called upon to assess the legality of the President's efforts to bar over 150 million nationals of six Muslim-majority countries from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President's power to curtail entry of foreign nationals in this appeal of the district court's order preliminarily enjoining...
OPINION PER CURIAM : For the third time, we are called upon to assess the legality of the President's efforts to bar over 150 million nationals of six designated countries 1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President's power to curtail entry of foreign nationals in this appeal of the district court's order preliminarily enjoining...
OPINION CALLAHAN , Circuit Judge : The influx of detainees in the Tucson Sector of the U.S. Border Patrol in 2015 resulted in Defendants (federal government officials and agents) holding detainees being processed for longer periods of time in overcrowded and unsanitary cells at eight different stations. Plaintiffs brought this action alleging inhumane and punitive treatment, and seeking injunctive relief. The district court granted a preliminary injunction requiring that Defendants provide...
OPINION SCHROEDER , Circuit Judge : Plaintiffs are students of cosmetology and hair design at schools in California and Nevada operated by defendant B&H Education, Inc., under the name of Marinello Schools of Beauty. Plaintiffs claim that they are employees within the meaning of the Fair Labor Standards Act ("FLSA"), and under California and Nevada state law, on the ground that much of their time is spent in menial and unsupervised work, and that they are therefore entitled to compensation....
OPINION TALLMAN , Circuit Judge : Marcus Roberts, Ashley and Kenneth Chewey, and James Krenn ("Plaintiffs") appeal an order compelling arbitration of their putative class action claims against AT&T Mobility LLC ("AT&T"). Plaintiffs allege that AT&T falsely advertised their mobile service plans as "unlimited" when in fact it intentionally slowed data at certain usage levels. AT&T moved to compel arbitration, and Plaintiffs opposed on First Amendment grounds. The district court compelled...
OPINION McKEOWN , Circuit Judge : This appeal asks whether the Treaty of Point Elliott (the "Treaty") reserves to the Lummi Nation (the "Lummi") the right to fish in the waters west of Whidbey Island, Washington. We previously concluded that the Treaty secures the Lummi's right to fish in Admiralty Inlet because the Lummi would have used the Inlet as a passage to travel from its home in the San Juan Islands to present-day Seattle. The same result holds here because the waters at issue are...
ORDER BLOCK , District Judge . The opinion filed on August 25, 2017, and published at 869 F.3d 868, is amended as follows: On page 49 of the slip opinion, within Judge Murguia's opinion concurring in part and concurring in the judgment, add a footnote after the sentence "First Amendment Coalition failed to prevail primarily because of unilateral Government actions, outside its control." The footnote—new footnote four—reads: "In her opinion, Judge Berzon suggests that my reasoning implies...
OPINION GOULD , Circuit Judge : Between October 2013 and October 2014, Joseph David Robertson excavated and constructed a series of ponds on National Forest System Lands and on the privately owned Manhattan Lode mining claim. In the process of creating these ponds, Robertson discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary of the Boulder River, which in turn is a tributary of the...
ORDER WARDLAW and GOULD, Circuit Judge . On September 5, 2017, the Acting Secretary of the Department of Homeland Security ("DHS"), Elaine Duke, announced the end of DHS's Deferred Action for Childhood Arrivals policy ("DACA"), effective March 5, 2018. Begun in 2012, DACA provided deferred action for certain individuals without lawful immigration status who had entered the United States as children. Several sets of plaintiffs sued to enjoin the rescission of DACA under the Administrative...
ORDER WARDLAW and GOULD , Circuit Judges : On September 5, 2017, the Acting Secretary of the Department of Homeland Security ("DHS"), Elaine Duke, announced the end of DHS's Deferred Action for Childhood Arrivals policy ("DACA"), effective March 5, 2018. Begun in 2012, DACA provided deferred action for certain individuals without lawful immigration status who had entered the United States as children. Several sets of plaintiffs sued to enjoin the rescission of DACA under the Administrative...
OPINION M. SMITH , Circuit Judge : Empire Distribution, Inc. appeals the district court's grant of summary judgment in favor of Twentieth Century Fox Television and Fox Broadcasting Company (collectively, Fox). Empire Distribution argues that the district court erred substantively and procedurally in holding that Fox's use of the name "Empire" was protected by the First Amendment, and was therefore outside the reach of the Lanham Act, ch. 540, 60 Stat. 441 (1946) (codified as amended at 15...
OPINION KOZINSKI , Circuit Judge : It's a timeless and tiresome question of American tax law: Is a transaction debt or equity The extremes answer themselves. The classic equity investment entitles the investor to participate in management and share the (potentially limitless) profits — but only after those holding preferred interests have been paid. High risk, high reward. The classic debt instrument, by contrast, entitles an investor to preferred and limited payments for a fixed period....
OPINION TALLMAN , Circuit Judge : Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs Enforcement ("ICE") agents John Garcia and Ching Chang lodged an immigration detainer placing a federal hold to pick him up when state authorities were ready to release him. Mendia sued Garcia, Chang, and the Department of Homeland Security under Bivens 1 and the Federal Torts Claims Act ("FTCA"), 28 U.S.C. 1346(b), asserting violations of his...
OPINION BERZON , Circuit Judge : According to the complaint in this case, the Pacific Gas & Electric Company ("PG&E") disperses wood treatment chemicals from various of its facilities into San Francisco and Humboldt Bays via indirect and direct stormwater discharges. The Clean Water Act ("CWA"), 33 U.S.C. 1251 et seq., allows but does not require the federal Environmental Protection Agency ("EPA") to require permits before such discharges are allowed; EPA has decided not to require...
OPINION M. SMITH , Circuit Judge : OPINION Axiom Foods, Inc. and Growing Naturals, LLC (collectively, Appellants) appeal from the district court's dismissal of their copyright infringement action against Acerchem UK Limited for lack of personal jurisdiction. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Appellant Axiom Foods, Inc. (Axiom) is a California corporation that supplies organic and chemical-free products made from whole-grain brown rice, peas, and other "superfoods," to the...
ORDER AND AMENDED OPINION GRABER , Circuit Judge : ORDER The opinion filed on August 16, 2017, and published at 867 F.3d 1171 , is amended by the opinion filed concurrently with this order, as follows: On slip opinion page 14, footnote 4, delete the last sentence: "For the reasons given by the district court, see Contest Promotions, LLC v. City of San Francisco, No. 16-cv-06539-SI, 2017 WL 1493277, at *5 (N.D. Cal. Apr. 26, 2017) (order), we affirm the dismissal of that claim as well."...
OPINION WARDLAW , Circuit Judge : The modern information age has shined a spotlight on information privacy, and on the widespread use of consumer credit reports to collect information in violation of consumers' privacy rights. This case presents a question of first impression in the federal courts of appeals: whether a prospective employer may satisfy the Fair Credit Reporting Act's ("FCRA") disclosure requirements by providing a job applicant with a disclosure that "a consumer report may...
ORDER Appellants' petitions for panel rehearing are GRANTED with respect to their request that the court amend its opinion to affirm the district court's denial of leave to amend but DENIED in all other respects. The petitions for rehearing en banc are DENIED. No future petitions will be entertained. The opinion filed on August 23, 2017 is withdrawn and a new opinion is filed concurrently with this order. Dissent by Judge Tallman. OPINION FRIEDLAND , Circuit Judge : We must...
