Jennifer Sung

U.S. Court of Appeals for the Ninth Circuit circuit Appointed by Joseph Biden (Democratic) 22 signed orders read

Signed rulings

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

United States v. Lonnie Lillard
18-30106; 18-30114; 20-30110 · 2023-01-17
Appeal (appellant (defendant Lonnie Eugene Lillard)) Granted in part

“AFFIRMED in part, VACATED in part, and REMANDED in part.”

Hermosillo v. Garland (Eric Blancas Hermosillo v. Merrick B. Garland)
18-71220 · 2023-09-14
Petition for review (petitioner (Eric Blancas Hermosillo, native and citizen of Mexico)) Granted

“We grant the petition for review and remand so that Blancas Hermosillo may receive a merits hearing. ... PETITION FOR REVIEW GRANTED AND REMANDED with instructions.”

Northwestern Band of the Shoshone Nation v. Wooten
22-35140 · 2023-10-17
Appeal (plaintiff-appellant (Northwestern Band of the Shoshone Nation, a federally recognized Indian tribe)) Granted

“Accordingly, we reverse the district court's dismissal of the Northwestern Band's complaint for failure to state a claim under Rule 12(b)(6). ... REVERSED AND REMANDED.”

Kava Holdings, LLC v. NLRB
21-70225 (consolidated with 21-70638, 21-71334) · 2023-10-18
Petition for review (petitioner (Kava Holdings, LLC, dba Hotel Bel-Air)) Denied

“We DENY Kava's petition for review, except for the arguments that we DISMISS for lack of jurisdiction because Kava failed to raise them below. We GRANT the Board's cross-petition, and we enforce the Board's order in full. PETITION DENIED IN PART, DISMISSED IN PART; CROSS-PETITION GRANTED.”

Paul Maney v. Kate Brown
22-35218; 22-35219 · 2024-02-01
Appeal (Defendants-Appellants Kate Brown (Oregon Governor) and Patrick Allen (Director of the Oregon Health Authority), appealing on interlocutory appeal the district court's denial of their motions to dismiss (asserting PREP Act immunity)) Granted

“We reverse the district court's denial of Brown's and Allen's motions to dismiss that claim and remand for further proceedings consistent with this opinion. REVERSED and REMANDED.”

Katherine Blumenkron v. Multnomah County
21-35987 · 2024-02-02
Appeal (Plaintiffs-Appellants Katherine Blumenkron, David Blumenkron, and Springville Investors, LLC, appealing the district court's dismissal of, and abstention from, their constitutional challenges to the 'rural reserve' designation of their land) Denied

“The district court appropriately abstained from exercising jurisdiction over Plaintiffs’ as-applied claims under Burford. We also affirm the district court’s dismissal of Plaintiffs’ facial constitutional claims for failure to state a claim as a matter of law. AFFIRMED.”

Danny Ferguson v. Martin O'Malley
21-35412 · 2024-03-14
Appeal (Plaintiff-Appellant Danny Ray Ferguson (Social Security claimant), appealing the district court judgment affirming the ALJ's denial of disability benefits) Granted

“REVERSED AND REMANDED.”

Robert Conway v. Martin O'Malley
22-35427 · 2024-03-26
Appeal (Plaintiff-Appellant Robert Conway (Social Security claimant), appealing the district court judgment upholding the ALJ's denial of disability benefits) Granted

“REVERSED AND REMANDED.”

Nakka v. USCIS (Nagendra Kumar Nakka, et al. v. U.S. Citizenship and Immigration Services; U.S. Department of State)
22-35203 · 2024-08-06
Appeal (plaintiffs-appellants (Nagendra Kumar Nakka et al.; putative class of Indian-national work-visa holders and their derivative-beneficiary children)) Moot / procedural

“Accordingly, we vacate the district court order and remand with instructions to dismiss this case for lack of jurisdiction. ... VACATED AND REMANDED.”

Jose Ronderos v. USF Reddaway, Inc.
21-55685 · 2024-08-22
Appeal (Defendants-Appellants USF Reddaway, Inc. and Yellow Corporation (the employer), appealing the district court's denial of their motion to compel arbitration) Denied

“Therefore, the district court appropriately declined to sever the unconscionable provisions and enforce the remainder of the agreement. AFFIRMED.”

Michael Mayes v. American Hallmark Insurance Co. of Texas
22-35075 · 2024-08-22
Appeal (Plaintiff-Appellant Michael Mayes (pro se), appealing the district court's denial of his motion to remand his removed action to state court) Denied

“In sum, we hold that formal service is not a prerequisite to removal under § 1446(b)(1). Therefore, removal was proper in this case, and the district court correctly denied Mayes’ motion to remand. AFFIRMED.”

In re Powell (TICO Construction Company, Inc. v. Van Meter)
22-60052 (BAP No. 22-1014) · 2024-10-01
Appeal (appellant (creditor TICO Construction Company, Inc.)) Denied

“In this appeal, TICO argues that the bankruptcy court abused its discretion by declining to resolve TICO's challenge to Powell's eligibility before granting his § 1307(b) motion to dismiss. For the reasons explained below, we conclude that the bankruptcy court did not err, and we affirm.”

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