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STATUS OF PENDING EN BANC CASES

 

September 8, 2014

This report is provided for case identification and background information only and does not reflect the views of the court. When a case is heard or reheard en banc, the en banc court assumes jurisdiction over the entire case, see 28 U.S.C. § 46(c), regardless of the issue or issues that may have caused any member of the Court to vote to hear the case en banc. Summerlin v. Stewart, 309 F.3d 1193 (9th Cir. 2002).  In those cases where the parties have filed petitions for rehearing en banc and oppositions, you can access the pdfs by clicking the case title.

 

Henry v. Ryan, 09-99007

Three-Judge Panel Opinion: 748 F.3d 940 (9th Cir. 2014)

Order Taking Case En Banc: 2014 WL 4397948 (9th Cir. September 4, 2014)

Date of Order Taking Case En Banc: September 4, 2014

Status: Not yet available.

Members of En Banc Court: Not yet available

Subject Matter: Appeal by Arizona state prisoner of the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction and capital sentence for murder, kidnaping, robbery and theft.

Holding: Not yet decided

 

Organized Village of Kake v. U.S. Dept. of Agriculture, 11-35517

Three-Judge Panel Opinion: 746 F.3d 970 (9th Cir. 2014)

Order Taking Case En Banc: 2014 WL 4357443 (9th Cir. August 29, 2014)

Date of Order Taking Case En Banc:  August 29, 2014

Status:  To be calendared the week of December 15, 2014, in Pasadena, California.

Members of En Banc Court:  Not yet available

Subject Matter:  Appeal by intervenor State of Alaska of the district court’s summary judgment in favor of the Organized Village of Kake and others, invalidating a U.S. Department of Agriculture regulation exempting the Tongass National Forest from application of the Roadless Rule.

Holding:  Not yet decided

 

Maldonado v. Holder, 09-71491

Three-Judge Panel Opinion: None

Order Taking Case En Banc: 2014 WL 3730322 (9th Cir. July 29, 2014)

Date of Order Taking Case En Banc: July 29, 2014

Status:  Calendared September 19, 2014, at 10:00 a.m., in San Francisco, California.

Members of En Banc Court: Kozinski, Wardlaw, Gould, Paez, Clifton, M. Smith, Ikuta, N.R. Smith, Christen, Watford, Friedland

Subject Matter: Petition for review of the Board of Immigration Appeals’ order affirming an Immigration Judge’s denial of his application for deferral of removal under the Convention Against Torture. 

Holding: Not yet decided

 

United States v. Bonds, 11-10669

Three-Judge Panel Opinion: 730 F.3d 890 (9th Cir. 2013)

Order Taking Case En Banc:  757 F.3d 994 (9th Cir. 2014)

Date of Order Taking Case En Banc: June 12, 2014

Status:  Argued and submitted September 18, 2014.

Members of En Banc Court:  Kozinski, Reinhardt, O'Scannlain, Graber, Wardlaw, W. Fletcher, Rawlinson, Callahan, N.R. Smith, Nguyen, Friedland

Subject Matter: Appeal by baseball player Barry Bonds of his conviction for obstruction of justice, in violation of 18 U.S.C. § 1503.

Holding: Not yet decided

 

Aircraft Service International Inc. v. Working Washington, 12-36026

Three-Judge Panel Opinion: 742 F.3d 1110 (9th Cir. 2014)

Order Taking Case En Banc: 753 F.3d 1362 (9th Cir. 2014)

Date of Order Taking Case En Banc: June 12, 2014

Status:  Argued and submitted September 18, 2014. 

Members of En Banc Court:  Kozinski, O'Scannlain, Kleinfeld, Silverman, Graber, Paez, Berzon, Tallman, Hurwitz, Owens, Friedland

Subject Matter: Appeal by Aircraft Service International employees of the district court’s temporary restraining order prohibiting them from striking or encouraging a strike.

Holding: Not yet decided

 

Big Lagoon Rancheria v. California, 10-17803+

Three-Judge Panel Opinion: 741 F.3d 1032 (9th Cir. 2014)

Order Taking Case En Banc:  758 F.3d 1073 (9th Cir. 2014)

Date of Order Taking Case En Banc: June 11, 2014

Status:  Argued and submitted September 17, 2014.

Members of En Banc Court: Kozinski, Pregerson, Reinhardt, O'Scannlain, Graber, W. Fletcher, Paez, Bybee, M. Smith, Christen, Nguyen

Subject Matter: Indian tribe appeals the district court’s summary judgment in its action alleging that the State of California violated the Indian Gaming Regulatory Act.

Holding: Not yet decided

 

Abdisalan v. Holder, 10-73215+

Three-Judge Panel Opinion: 728 F.3d 1122 (9th Cir. 2013)

Order Taking Case En Banc: 759 F.3d 1098 (9th Cir. 2014)

Date of Order Taking Case En Banc: May 7, 2014

Status:  Argued and submitted June 19, 2014.

Members of En Banc Court:  Kozinski, Thomas, Wardlaw, Gould, Paez, Berzon, Tallman, Ikuta, Murguia, Nguyen, Hurwitz

Subject Matter: Petition for review of the Board of Immigration Appeals’ order affirming an Immigration Judge’s denial of petitioner’s asylum application on timeliness grounds.

Holding: Not yet decided

 

McKinney v. Ryan, 09-99018

Three-Judge Panel Opinion: 730 F.3d 903 (9th Cir. 2013)

Order Taking Case En Banc:  745 F.3d 963 (9th Cir. 2014)  

Date of Order Taking Case En Banc: March 12, 2014

Status:  To be calendared the week of December 15, 2014, in Pasadena, California.

Members of En Banc Court: Not yet available

Subject Matter: Appeal by Arizona state prisoner of the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction and capital sentence for two counts of murder.

Holding: Not yet decided

 

State of Arizona v. Asarco LLC, 11-17484

Three-Judge Panel Opinion: 733 F.3d 882 (9th Cir. 2013)

Order Taking Case En Banc:  755 F.3d 1044 (9th Cir. 2014)

Date of Order Taking Case En Banc: February 28, 2014

Status:  Argued and submitted June 18, 2014.

Members of En Banc Court: Kozinski, Reinhardt, Thomas, Silverman, Gould, Berzon, Clifton, N.R. Smith, Murguia, Christen, Nguyen

Subject Matter: Appeal from the district court’s reduction of the jury’s punitive damages award in a Title VII hostile work environment action. 

Holding: Not yet decided

 

United States v. Zepeda, 10-10131

Three-Judge Panel Opinion: 738 F.3d 201 (9th Cir. 2013)

Order Taking Case En Banc: 742 F.3d 910 (9th Cir. 2014)

Date of Order Taking Case En Banc: February 10, 2014

Status:  Argued and submitted June 18, 2014. 

Members of En Banc Court:  Kozinski, Pregerson, Silverman, Wardlaw, W. Fletcher, Gould, Paez, Tallman, Callahan, Ikuta, Christen

Subject Matter: Appeal by criminal defendant of his conviction for conspiracy to commit assault with a dangerous weapon and other offenses under the Major Crimes Act, which provides for federal jurisdiction for certain crimes committed by Indians in Indian country.

Holding: Not yet decided

 

Romo v. Teva Pharmaceuticals USA, Inc., 13-56310

Corber v. Xanodyne Pharmaceuticals, Inc., 13-56306

Three-Judge Panel Opinion in Romo v. Teva: 731 F.3d 918 (9th Cir. 2013)

Unpublished memorandum disposition in Corber v. Xanodyne: 2013 WL 5313831 (9th Cir. Sept. 24, 2013)

Order Taking Cases En Banc: 742 F.3d 909 (9th Cir. 2014)

Date of Order Taking Cases En Banc: February 10, 2014

Status:  Argued and submitted June 19, 2014.

Members of En Banc Court:  Kozinski, Silverman, Graber, Gould, Berzon, Tallman, Rawlinson, Clifton, Murguia, Christen, Hurwitz

Subject Matter: Appeals by defendants Teva Pharmaceuticals and Xanodyne Pharmaceuticals, of the district court’s orders remanding plaintiffs’ products liability case back to California state court following defendants’ removal of the cases to federal court under the mass action provisions of the Class Action Fairness Act.  

Holding: Not yet decided

 

C.B. v. City of Sonora, 11-17454

Three-Judge Panel Opinion: 730 F.3d 816 (9th Cir. 2013)

Order Taking Case En Banc:  755 F.3d 1043 (9th Cir. 2014)

Date of Order Taking Case En Banc: February 3, 2014

Status:  Argued and submitted March 17, 2014.

Members of En Banc Court: Kozinski, O'Scannlain, Thomas, Silverman, Graber, Gould, Paez, Berzon, Tallman, Bybee, M. Smith

Subject Matter: Appeal by police deputies and former Chief of Police of the City of Sonora from the district court's denial of their motion for judgment as a matter of law in an action alleging excessive use of force, unlawful seizure and false arrest.

Holding: Not yet decided

 

Lopez-Valenzuela v. County of Maricopa, 11-16487

Three-Judge Panel Opinion: 719 F.3d 1054 (9th Cir. 2013)

Order Taking Case En Banc: 714 F.3d 1015 (9th Cir. 2014)

Date of Order Taking Case En Banc: January 2, 2014

Status:  Argued and submitted March 18, 2014.

Members of En Banc Court: Kozinski, O'Scannlain, Thomas, McKeown, Fisher, Berzon, Tallman, Bybee, M. Smith, Nguyen, Watford

Subject Matter: Appeal challenging the constitutionality of Arizona’s Proposition 100, which prohibits state courts from setting bail for detainees who are in the United States illegally.

Holding: Not yet decided

 

Mondaca-Vega v. Holder, 03-71369

Three-Judge Panel Opinion: 718 F.3d 1075 (9th Cir. 2013)

Order Taking Case En Banc: 735 F.3d 1093 (9th Cir. 2013)

Date of Order Taking Case En Banc: November 6, 2013

Status:  Argued and submitted March 17, 2014.

Members of En Banc Court: Kozinski, Pregerson, Thomas, Silverman, W. Fletcher, Rawlinson, Bybee, N.R. Smith, Murguia, Nguyen, Hurwitz

Subject Matter: Petition for review from the district court’s decision finding that petitioner is not a United States citizen.

Holding: Not yet decided

 

Natural Resources Defense Council v. Jewell, 09-17661

Three-Judge Panel Opinion:  686 F.3d 1092 (9th Cir. 2012)

Order Taking Case En Banc: 710 F.3d 874 (9th Cir. 2013)

Date of Order Taking Case En Banc: February 25, 2013

En Banc Opinion: 749 F.3d 776 (9th Cir. 2014)

Date of En Banc Opinion: April 16, 2014

Status: Reversed the district court’s judgment in favor of federal defendants.

Members of En Banc Court: Kozinski, McKeown, Wardlaw, Fisher, Gould, Tallman, Rawlinson, Clifton, Callahan, M. Smith, N. Smith

Subject Matter: Appeal from the district court's summary judgment in environmental groups’ action challenging water diversion operations from Central Valley Project.

Holding: The en banc court held that intervening events did not render the action moot, and that contractual provisions of the Services Contracts did not deprive plaintiffs of standing to bring a procedural challenge under the Endangered Species Act.

 

Frost v. Van Boening, 11-35114

Three-Judge Panel Opinion:  692 F.3d 924 (9th Cir. 2012)

Order Taking Case En Banc: 707 F.3d 1143 (9th Cir. 2013)

Date of Order Taking Case En Banc: February 25, 2013

En Banc Opinion: 757 F.3d 910 (9th Cir. 2014)

Date of En Banc Opinion: April 29, 2014

Status: Reversed the district court’s denial of a habeas corpus petition challenging the court’s decision to preclude defense counsel from making a reasonable doubt argument to the jury.

Members of En Banc Court: Kozinski, Reinhardt, Thomas, Wardlaw, Paez, Tallman, Rawlinson, Bybee, Callahan, M. Smith, Nguyen

Subject Matter: Appeal from the district court's denial of a 28 U.S.C. § 2254 habeas corpus petition challenging a jury conviction of robbery, burglary, assault and attempted robbery.  

Holding: The trial court infringed petitioner’s Sixth and Fourteenth Amendment rights by precluding counsel from making a reasonable doubt argument to the jury.

 

Sachs v. Republic of Austria, 11-15458

Three-Judge Panel Opinion: 695 F.3d 1021 (9th Cir. 2012)

Order Taking Case En Banc: 705 F.3d 1112 (9th Cir. 2013)

Date of Order Taking Case En Banc: January 25, 2013

En Banc Opinion: 737 F.3d 584 (9th Cir. 2013)

Date of En Banc Opinion: December 6, 2013

Status: Reversed the district court's dismissal of an action for lack of subject matter jurisdiction.

Members of En Banc Court: Kozinski, Reinhardt, O'Scannlain, Silverman, Graber, Wardlaw, Fisher, Gould, Berzon, Rawlinson, Hurwitz

Subject Matter: Appeal by rail passenger of the district court’s dismissal for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act of her action for injuries sustained while she attempted to board a train in Austria.

Holding: A foreign-state owned common carrier engages in commercial activity in the United States, and thus is not immune from suit under the Foreign Sovereign Immunities Act, when it sells tickets in the United States through a travel agent, regardless of whether the travel agent is a direct agent or subagent of the common carrier.

 

Sessoms v. Runnels, 08-17790

Three-Judge Panel Opinion: 650 F.3d 1276 (9th Cir. 2011)

Order Taking Case En Banc: 665 F.3d 1104  (9th Cir. 2011)

Date of Order Taking Case En Banc: December 15, 2011

En Banc Opinion: 691 F.3d 1054 (9th Cir. 2012)

Date of En Banc Opinion: August 16, 2012

Status: Reversed the district court’s denial of petitioner’s habeas corpus petition.  The Supreme Court vacated the judgment on June 27, 2013, vacated, and remanded for further consideration in light of Salinas v Texas, 570 U.S.____(2013).  On 7/15/13, the court ordered the parties to file supplemental briefs regarding the relevance of Salinas v. Texas, 570 U.S. ___ (2013).  Argued and submitted March 18, 2014.

Members of En Banc Court: Kozinski, Schroeder, Silverman, McKeown, Wardlaw, Fisher, Paez, Callahan, M. Smith, Ikuta, Murguia

Subject Matter: Appeal of district court’s denial of habeas corpus petition challenging a felony murder conviction.

Holding: The California Court of Appeal unreasonably applied clearly established Supreme Court precedent in concluding that petitioner was required under Davis v. United States, 512 U.S. 452, 459 (1994), to unambiguously invoke his right to counsel.