Eric Chunyee Tung

How Judge Tung rules, drawn from 17 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Ninth Circuit
Position
Circuit judge
Appointed by
Donald Trump (Republican)
Commissioned
November 7, 2025
Education
Yale University, B.A., 2006; University of Chicago Law School, J.D., 2010
Signed orders read
17

About Judge Tung

Eric Chunyee Tung is a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Donald J. Trump, Judge Tung received a commission on November 7, 2025.

Judge Tung's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Tung's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Tung decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Sandler, the panel enforced a clear contractual delegation of arbitrability and read a general severability clause alongside it.

“Simply put, the severability clause and the delegation clause are not at odds; both can be given effect.”

In Trammell, the panel evaluated a consumer label from the perspective of a reasonable consumer rather than a regulatory specialist.

“And here, Trammell has plausibly alleged that a reasonable consumer expects the Product to be free of artificial flavors and that it would be misleading to that consumer if the Product contained an artificial petroleum substrate as a flavoring— whether as a flavor itself or as a flavor enhancement.”

In Cherry, the panel held that an employer had to propose an accommodation that resolved the conflict between work duties and religious beliefs.

“The employer has the burden of proposing a reasonable accommodation that eliminates a conflict between the employee’s job and his religious beliefs”

Procedural preferences

In O’Dell, the panel rejected an issue-preclusion theory that would bind absent arbitration claimants without class or bellwether safeguards.

“That is a class action stripped of all its important protective features.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Sandler v. Modernizing Medicine, Inc.
24-6623 · 2026-03-19
Appeal (defendant-appellant) Granted

“We remand the matter to the district court with instructions to grant the motion to compel and to stay the case pending the completion of arbitration proceedings. REVERSED AND REMANDED.”

O'Dell v. Aya Healthcare Services, Inc.
25-1528 · 2026-04-01
Appeal (defendant-appellant) Granted

“We reverse the judgment of the district court and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”

Trammell v. KLN Enterprises, Inc.
24-6097 · 2026-05-15
Appeal (plaintiff-appellant) Granted

“For the reasons above, we reverse the district court's judgment dismissing Plaintiff's complaint with prejudice, and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”

Multiple Energy Technologies, LLC v. Casden
24-4691 · 2026-07-30
Appeal (defendant-appellant) Granted in part

“REVERSED AND REMANDED IN PART. AFFIRMED IN PART.”

Cherry v. Washington Department of Fish and Wildlife
25-4763 · 2026-08-21
Appeal (plaintiffs-appellants) Granted in part

“For the reasons discussed, we reverse the district court’s order granting summary judgment for the Department with respect to Anderson’s, DeBoer’s, and Frady’s Title VII claims and all five Employees’ WLAD claims; affirm the district court’s order granting summary judgment for the Department with respect to Lopez’s and Cherry’s Title VII claims and all five Employees’ federal and state constitutional claims; affirm the district court’s orders excluding the Employees’ three experts; affirm the district court’s issuance of the protective order; and remand for proceedings consistent with this opinion.”

S.D. v. Reese
26-4872 · 2026-09-17
Appeal (appellants (State of Oregon and corrections officials)) Granted

“Accordingly, we vacate the district court’s preliminary injunction and remand with instructions to decertify the class.”

Linhart v. New York Life Insurance and Annuity Corporation
25-490 · 2026-09-22
Appeal (appellant (plaintiff Barbara Linhart)) Denied

“For these reasons, we affirm the judgment of the district court.”

United States v. Burton
25-87 · 2026-09-28
Appeal (appellant (defendant Jeremy Burton)) Moot / procedural

“We lack jurisdiction over an appeal from a non-final order declining to apply that bar. The appeal is dismissed.”

Black v. IEC Group, Inc.
25-5952 · 2026-10-09
Appeal (plaintiffs-appellants Melissa and Miles Black) Granted

“REVERSED AND REMANDED.”

Reach Community Development v. United States Department of Homeland Security
26-1575 · 2026-04-27
Stay pending appeal (defendants-appellants (federal government)) Granted

“DEFENDANTS’ MOTIONS ARE GRANTED.”

Rojas-Espinoza v. Bondi
24-7536 · 2026-03-10

Tung wrote separately about the court's process for handling immigration stays following the en banc court's denial of a stay. His statement did not supply the court's controlling disposition.

Shoshone-Bannock Tribes of the Fort Hall Reservation v. U.S. Department of the Interior
23-35543 · 2026-04-21

Tung dissented from denial of rehearing en banc over the panel's reading of federal land-disposal statutes and also wrote a statement responding to the panel majority. Neither writing was the court's controlling disposition.

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