Eric Chunyee Tung
How Judge Tung rules, drawn from 17 signed orders. Every observation links to the order it came from.
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).
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.
“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.”
“We reverse the judgment of the district court and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”
“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.”
“REVERSED AND REMANDED IN PART. AFFIRMED 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.”
“Accordingly, we vacate the district court’s preliminary injunction and remand with instructions to decertify the class.”
“For these reasons, we affirm the judgment of the district court.”
“We lack jurisdiction over an appeal from a non-final order declining to apply that bar. The appeal is dismissed.”
“REVERSED AND REMANDED.”
“DEFENDANTS’ MOTIONS ARE GRANTED.”
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.
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.
Draft for Judge Tung with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Tung, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Tung's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace