Andrew Fitch

9th Circuit Court of Appeals (14 summaries)

United States v. Kollman

Under 26 U.S.C. § 6330(e)(1), the running of the statute of limitations is tolled during the time which a taxpayer could file an appeal to the Tax Court, even if the taxpayer does not actually file such an appeal.

Area(s) of Law:
  • Tax Law

United States v. Brooks

The admission of photographs of seized evidence does not violate the Confrontation Clause because photographs are not “witnesses” against the defendant.

Area(s) of Law:
  • Criminal Procedure

Oracle Corp v. SAP AG

A plaintiff does not have to show it would have actually licensed its material to receive a hypothetical-license damage award, however, a hypothetical-license award cannot be based on undue speculation.

Area(s) of Law:
  • Copyright

United States v. Carr

Pretrial identification testimony is admissible as evidence if the procedure was not impermissibly suggestive and a jury could weigh any delay in testimony under the totality of circumstances.

Area(s) of Law:
  • Criminal Procedure

Street Surfing v. Great Am. E&S Ins. Co.

An insurance company may deny coverage under a prior publication exclusion if the publication was used before coverage and post-coverage advertisements are substantially similar to advertisements posted before the coverage period.

Area(s) of Law:
  • Insurance Law

United Transp. Union v. Foxx

If a collective bargaining agreement is unclear in its terms, the Federal Railroad Association lacks jurisdiction to issue an order interpreting the agreement.

Area(s) of Law:
  • Labor Law

United States v. Villalobos

A district court's instruction that all threats to testify are produce information are "wrongful" is erroneous if they were made with the intend to induce or take advantage of fear, however when the error is harmless it is overlooked.

Area(s) of Law:
  • Criminal Law

Goldman Sachs & Co. v. City of Reno

A city may be a customer under the Financial Industry Regulation Authority and therefore is entitled to arbitration, however, when a city agrees to a forum selection clause they waive their right to arbitration.

Area(s) of Law:
  • Arbitration

Republic of Ecuador v. Mackay

Fed. R. Civ. Pro. Rule 26(b)(3) does not provide presumptive protection for all expert trial preparation materials.

Area(s) of Law:
  • Civil Procedure

Shapiro v. Henson

A trustee may file a § 542(a) motion for turnover whether or not an entity has possession at the time the motion is filed.

Area(s) of Law:
  • Bankruptcy Law

Hernandez v. Holder

The “place-of-filing” rule is a procedural claims-processing rule and is not a jurisdictional bar to the Board of Immigration Appeals’ authority to consider a motion to reopen an application.

Area(s) of Law:
  • Immigration

Jones v. U.S. Trustee

A fraud that would have served as grounds for denial of discharge of debt is also grounds for the revocation of discharge of debt if the trustee did not know of the fraud at the time of the discharge.

Area(s) of Law:
  • Bankruptcy Law

Armstrong v. Asselin

Qualified immunity, shielding police officers from liability, may be invoked when a police officer acts in good faith using a warrant subjected to approval by prosecutors and neutral judicial officials.

Area(s) of Law:
  • Civil Rights § 1983

United States v. Cohen

A sentencing enhancement involving “a misrepresentation that the defendant was acting on behalf of a charitable organization” can be applied when the defendant does not purport work directly for a charitable organization.

Area(s) of Law:
  • Sentencing