Kenneth Kiyul Lee

“The district court granted the government's motion for judgment on the pleadings, ruling that the taxi drivers failed to state plausible claims. We affirm. The rules are rationally related to the legitimate government interests of aiding beleaguered taxi drivers and easing taxi congestion at the airport.”

“We affirm the district court's order because the plain language of the statute makes clear that a structure/function claim addresses only the nutrient's role in the human body, not the product's health impact on the general population. ... Federal law thus allows the defendants to make this structure/function claim and preempts the plaintiff's state law causes-of-action.”

“Because the complaint does not offer a plausible motive for the bank's actions or provide compelling and particularized allegations about scienter, it does not support a strong inference that the defendant intentionally made false or misleading statements or acted with deliberate recklessness. ... We thus affirm the district court's dismissal of the complaint.”

“We reverse the district court's approval of the class settlement because the agreement raises a squadron of red flags billowing in the wind and begging for further review. We hold that under the newly revised Rule 23(e)(2) standard, courts must scrutinize settlement agreements -- including post-class certification settlements -- for potentially unfair collusion in the distribution of funds between the class and their counsel.”

“we now hold what is obvious: voluntary manslaughter in California qualifies as a crime involving moral turpitude under 8 U.S.C 1227(a)(2)(A). PETITION FOR REVIEW IS DENIED.”

“Twitter's statements about its advertising program were not false or misleading because they were qualified and factually true. The company had no duty to disclose any more than it did under federal securities law. We thus affirm the district court's dismissal of the lawsuit.”

“We DENY in part Greenwood's petition as to his motion to reopen based on changed country conditions, and DISMISS in part his petition seeking review of the BIA's exercise of its sua sponte discretion.”

“We hold that IIRIRA's permanent inadmissibility provision applies retroactively because doing so does not impose a new legal consequence based on past conduct. ... We thus deny the petition.”

“We thus reject Hernandez-Garcia's claim that the U.S. Marines' surveillance at the border violated the Posse Comitatus Act. We also deny Hernandez-Garcia's Batson challenge because he failed to rebut the prosecution's race-neutral reasons for striking two Asian jurors. We affirm Hernandez-Garcia's conviction.”

“The BIA thus erred in holding that the earlier adverse credibility finding barred Singh's motion to reopen. The BIA also erroneously concluded that Singh failed to show that the conditions for Sikhs in India changed qualitatively since his last hearing. ... We thus grant the petition and remand.”

“We hold that an 'automatic telephone dialing system' must generate and dial random or sequential telephone numbers under the TCPA's plain text. ... eFinancial thus has not used an autodialer, and its texts to Borden do not implicate the TCPA. We thus affirm the district court's dismissal of the lawsuit.”

“We hold that the appointment and removal process for Immigration Judges and members of the BIA comports with Article II of our Constitution. For these reasons ... we DENY Amador Duenas's petition for review.”