Kristi Matsunaga

9th Circuit Court of Appeals (21 summaries)

Casa Del Caffee Vergnano v. ItalFlavors

Parties are only required to submit to arbitration in disputes where the parties consented to arbitration; further, the requisite consent to constitute a binding agreement is governed by contract law principles, specifically determining the parties’ mutual assent under an objective standard regarding the exchange of a legally enforceable bargain with consideration.

Area(s) of Law:
  • Arbitration

Yang v. Lynch

The Board of Immigration Appeals may not make credibility determinations based on the falsus maxim.

Area(s) of Law:
  • Immigration

USA v. Eglash

Mail fraud requires showing two elements: (1) the perpetrator devised or intended to devise a scheme to defraud (or to perform specified fraudulent acts); and (2) use of the mail for the purpose of executing or attempting to execute the scheme (or specified fraudulent acts).

Area(s) of Law:
  • Criminal Law

Sanders v. Energy Northwest

An employee asserting retaliation must establish the following elements for a prima facie case: (1) the employee was engaged in a protected activity; (2) the employer knew or suspected the employee was engaged in the protected activity; (3) the employee suffered an adverse action; and (4) the surrounding circumstances allude that the protected activity was a contributing factor in the adverse action.

Area(s) of Law:
  • Labor Law

Villavicencio-Rojas v. Lynch

Under the Federal First Offender Act, individuals found guilty of simple drug possession have the opportunity to enter a diversion program in order to avoid an entry of a judgment of conviction.

Area(s) of Law:
  • Immigration

Presidio Historical Ass'n v. Presidio Trust

The National Historic Preservation Act requires the head of the responsible Federal agency to his maximum capacity possible to plan and take action as necessary to minimize harm to the landmark.

Area(s) of Law:
  • Administrative Law

McGee v. China Electric Motor

When the difference between a requested fee and the final award are too disparate, the court must provide specific reasoning in using the lodestar method.

Area(s) of Law:
  • Attorney Fees

Reyes v. Smith

The Prison Litigation Reform Act prohibits prisoners from bringing actions regarding prison conditions, requires inmates to pursue to every available step of his or her prison grievance process, and to adhere to the “critical procedural rules” of the grievance process.

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

DM Residential Fund v. First Tennessee Bank

A party seeking the remedy of rescission must rescind promptly upon discovering the facts that would entitle rescission, and not engage in activities inconsistent with canceling the contract.

Area(s) of Law:
  • Remedies

Ai v. United States

Section 606(b) of the Covenant which governs United States-Commonwealth of the Northern Mariana Islands relations applies equally to the CNMI as it does to Guam; thus, the Federal Insurance Contributions Act applies to all employees and employers in Guam, notwithstanding their citizenship or residency.

Area(s) of Law:
  • Insurance Law

Frank v. Schultz

Due process violations do not exist if the error the inmate complains of is corrected in the administrative appeal process.

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

Sjurset v. Button

Officials may remove children from their parents’ custody without a court order only if the information they have at the time of the seizure provides reasonable cause to believe that the children are in imminent danger of serious bodily injury and that removal is reasonably necessary to prevent that injury.

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

Ramirez v. Cty. of San Bernardino

Federal Rule of Civil Procedure 15 does not require that the matter of course amendment be exhausted before an amendment may be made pursuant to 15(a)(2).

Area(s) of Law:
  • Civil Procedure

Public Integrity Alliance, Inc. v. City of Tucson

Primary and general elections are “two parts of a ‘unitary’ process.” Thus, where a citizen is denied the right to vote in the primary election, that citizen’s right to vote in the general election is pointless.

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

United States v. Eyraud

Pursuant to the Mandatory Victims Restitution Act 18 U.S.C. § 3663A, courts have discretion to include attorneys’ fees in a restitution order when the victim acquired “reasonably necessary” expenses to involve law enforcement in prosecuting a defendant.

Area(s) of Law:
  • Criminal Law

WB Partners v. CIR

A joint venture is a valid partnership when evidenced by: (1) the parties executing the terms of their agreement; (2) each party contributing; (3) the parties controlling their income and capital and reserving the right to make withdrawals; (4) each party being a principal and coproprietor sharing profits and losses equally; (5) conducting business in the joint names of both parties; (6) the parties filing Federal partnership returns; (7) separate books of accounts existing; and (8) parties mutually controlling responsibilities for the enterprise.

Area(s) of Law:
  • Tax Law

United States v. Flores

Where the government makes a misstatement of the law and misleading statements to the jury during a trial, the defendant’s appeal of their conviction will only be overturned if the defendant can prove that the error was plain and they were prejudiced as a result of the error.

Area(s) of Law:
  • Criminal Law

In re Landmark Fence

Appellate courts have jurisdiction over appeals from a non-final order in the bankruptcy court in consideration of these factors: (1) the need to avoid piecemeal litigation; (2) judicially efficiency; (3) systemic interest in preserving the bankruptcy court’s role as the fact finder; and (4) delaying the review would cause either party irreparable harm.

Area(s) of Law:
  • Bankruptcy Law

Resilient Floor Covering PTF v. Michael's Floor Covering

Successors may be liable for its predecessors’ unlawful employer discrimination, so long as the successor took over the business with notice of the unfair labor practice liability, including withdrawal liability pursuant to the Multiemployer Pension Plan Amendments Act.

Area(s) of Law:
  • Labor Law

Carrillo v. County of Los Angeles

An officer is entitled to qualified immunity if he or she meets two requirements: (1) the facts that the plaintiff alleges show a violation of a constitutional right; and (2) that constitutional right was “clearly established” at the time of the challenged conduct.

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

Xcentric Ventures v. Borodkin

A finding of malicious prosecution includes proving an element, that the underlying claims were brought or continued without either factual or legal probable cause.

Area(s) of Law:
  • Civil Law