With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou

Michael Maynes raises various assignments of error arising from his trial and
convictions for four counts of sex trafficking by use of force, fraud, or coercion in
violation of 18 U.S.C. § 1591(a) and one count of conspiracy to commit sex trafficking in
violation of 18 U.S.C. §§ 1591(a) and 1594(c). For the reasons that follow, we affirm the
convictions.
I.
Michael Maynes w

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop

The state appeals from the circuit court’s order sustaining the defendants’ motions
to suppress all evidence seized pursuant to a warrant authorizing search of a residence for
stolen items. The state admits an officer submitted a prepared search warrant form, which
was then executed by a circuit judge, authorizing a search for any deceased human fetus
or corpse despite the fact the

Owner-Operator Services Inc. appeals the circuit court’s judgment in favor of Amie
Wieland for her claim of negligence alleging her employer, Owner-Operator, breached its
duty to protect her from the criminal act of a third person on its premises. Owner-Operator
argues the circuit court erred in submitting a verdict director to the jury that was not
supported by substantial evidenc

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t

Since 1970, the Simpson County School District (“the District”) has been under a consent decree to monitor the District’s efforts to desegregate its school system. Students attending District schools (“the Intervenors”) intervened in the litigation in 1982, contending that the District had not properly complied with the consent decree. In 2015, the District moved for a finding of unitary status in

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator

Des Moines, IA - Former Des Moines Dentist Sentenced to Prison for Unlawfully Obtaining Hydrocodone and Firearm Offenses

Shawn Michael Kerby, 39, formerly of Des Moines, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 20 months in prison for obtaining hydrocodone by misrepresentation and being a user and addict of a controlled substance in possession of a

At age 56, Margery Newman purchased
a long-term care insurance plan from the Metropolitan
Life Insurance Company (“MetLife”). She opted for one of
MetLife’s non-standard options for paying her insurance premiums;
MetLife called the method she selected “Reduced-Pay
at 65.” When Newman was 67 years old, she was startled to
2 No. 17-1844
discover that MetLife that year mor

¶1 Dana Engstrom (“Mother”) and James McCarthy (“Father”)
both challenge the parenting time and legal decision-making terms of the
decree dissolving their marriage. Because we find their Arizona Rule of
Family Law Procedure (“Rule”) 69 agreement binding and no explanation
in the record for any modification, we vacate the legal decision-making and
parenting time orders and reman

¶1 Judson C. Ball Revocable Trust (the “Trust”) appeals from the
declaratory judgment in favor of Phoenix Orchard Group I, LP and Phoenix
Orchard Group II, LP (collectively, “POG”); and the denial of its motion to
stay release of rescission payments to the Trust’s judgment creditor, PJI-2
Collection, LLC (“PJI-2”). For the following reasons, we affirm the
declaratory judgment a

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48

A bank made a business loan that was guaranteed by the principals of the business
and secured by a deed of trust on property the principals owned. Years later, the bank
assigned the note and deed of trust to plaintiff SMS Financial XXIII, LLC (SMS). After
the borrower defaulted on payment, SMS undertook preparations to foreclose on the deed
of trust and in the process discovered th

Accredo Health Group, Inc., a specialty pharmacy that provides home care for patients with hemophilia (a rare condition that prevents blood from clotting properly), made donations to charities, two of which allegedly recommended Accredo as an approved provider for hemophilia patients. This raises whether the donations came with something expected in return for the recommendations, which might trig