Emily Palmer

9th Circuit Court of Appeals (37 summaries)

AmeriPride Serv. v. Texas Eastern Overseas

When determining the allocation of contribution costs in multi-party litigation, where some of the parties have settled, the district court has discretion in determining the most equitable approach, but the court must explain its methodology.

Area(s) of Law:
  • Environmental Law

United States v. Shaw

In bank fraud, the government does not need to prove that a financial institution was the intended victim of the fraud.

Area(s) of Law:
  • Criminal Law

Crow Tribal Housing Auth. v. HUD

When the Department of Housing and Urban Development is acting under the authority provided in 25 U.S.C. §§ 4165, an on-site investigation resulting in deductions in grant payouts triggers the opportunity for a hearing, but the party being investigated must invoke the right to a hearing in a timely manner.

Area(s) of Law:
  • Tribal Law

Baker v. Microsoft Corp.

Individual causation does not need to be proven in a class action lawsuit where the plaintiffs are claiming that a design defect breached the express warranty.

Area(s) of Law:
  • Civil Law

United State v. Zaragoza-Moreira

When potentially exculpatory evidence has been destroyed by a governmental body, a showing that the investigating officer understood its exculpatory value will result in a finding of bad faith and a violation of the defendant's due process rights.

Area(s) of Law:
  • Criminal Law

Kyzar v. Ryan

It is proper to reject a sufficiency of the evidence claim when the state presented sufficient evidence of the elements of the alleged crime.

Area(s) of Law:
  • Habeas Corpus

CPR for Skid Row v. City of Los Angeles

Under § 403 of the California Penal Code, it is not a crime to disrupt a political meeting if no violence or force is used.

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

C.W. V. CAPISTRANO UNIFIED SCH. DIST.

When a plaintiff asserts both merited and frivolous claims, the prevailing defendant may only be awarded attorneys fees for the time attributed to defending the frivolous claims.

Area(s) of Law:
  • Attorney Fees

United States v. Burgos-Ortega

A criminal conviction under an overbroad state statute will still qualify as a sentencing enhancement under federal sentencing law if there is no realistic probability that an individual could be prosecuted under the overbroad portion of the state statute.

Area(s) of Law:
  • Criminal Law

United States v. Rice

The Sixth Amendment is satisfied when a defendant who wishes to represent himself pro se is given a fair chance to present his defense in his own way.

Area(s) of Law:
  • Criminal Law

United States v. Dibe

Ineffective legal counsel is not to be considered as a sentencing factor in criminal cases.

Area(s) of Law:
  • Sentencing

Pom Wonderful v. Hubbard

In a trademark infringement action, the absence of evidence of actual confusion on the part of the consumers is a neutral factor and is not to be weighed against the plaintiff in determining whether an injunction is appropriate.

Area(s) of Law:
  • Trademarks

Vivid Entertainment v. Fielding

The presence or absence of a condom in adult films is not a significant enough detail to be considered an "expressive message" for the purposes of protection under the First Amendment.

Area(s) of Law:
  • First Amendment

Landers v. Quality Communications

When bringing a claim under the Fair Labor Standards Act, the complaint must allege at least one workweek where the plaintiff worked overtime without adequate compensation.

Area(s) of Law:
  • Civil Procedure

Knutson v. Sirius XM Radio

An individual cannot assent to an arbitration provision in a contract when he or she is unaware that he or she is entering a contract at all.

Area(s) of Law:
  • Arbitration

Malhotra v. Steinberg

In a False Claims Act case, publicly disclosed information must be brought by a party that was the original source of the information.

Area(s) of Law:
  • Civil Procedure

United States v. Vera

If a law enforcement officer testifies at trial as both a lay witness and an expert witness, the jury must be instructed as to the differences and significance of the separate roles so as not to give undue weight to lay witness testimony in violation of the Confrontation Clause.

Area(s) of Law:
  • Evidence

Lightfoot v. Cendant Mortgage Corp.

A sue-and-be-sued provision in a congressional charter may be read to confer federal court jurisdiction if the charter specifically addresses federal courts.

Area(s) of Law:
  • Civil Procedure

United States v. Dreyer

A military affiliated investigator that investigates non-military related crimes and does not have a reasonable connection between the military and the crimes violates the Posse Comitatus Act.

Area(s) of Law:
  • Criminal Law

Fortyune v. City of Lomita

Under Title II of the Americans with Disabilities Act, local governments must guarantee that any normal government functions be reasonably accessible to peoples with disabilities.

Area(s) of Law:
  • Disability Law

United States v. Luis

A pecuniary loss suffered by a victim is sufficient to satisfy the "offense against property" requirement under the Mandatory Victim Restitution Act.

Area(s) of Law:
  • Criminal Law

Doyle v. OneWest Bank

In class action suits, the citizenship of the plaintiff class must be determined based on the complaints being filed in the proper court, and not based on subsequent motions filed after removal.

Area(s) of Law:
  • Civil Procedure

Mastro v. Rigby

Disrespect or disregard for the judicial system is not a sufficient basis to utilize the fugitive disentitlement doctrine, as it is a harsh penalty and should be narrowly applied.

Area(s) of Law:
  • Bankruptcy Law

Brown v. Holder

It is a violation of due process when the Immigration and Naturalization Service either intentionally or arbitrarily obstructs applications for naturalization.

Area(s) of Law:
  • Immigration

Nordstrom v. Ryan

The Constitution permits prison guards to inspect confidential legal mail for contraband in the presence of the inmate, but it does not allow for the reading of confidential mail.

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

United States v. Reyes-Solosa

A three week postponement of a supervised release revocation hearing is not an unreasonable amount of time when waiting for the judgment of a criminal case.

Area(s) of Law:
  • Criminal Law

Schultze V. Chandler

In bankruptcy proceedings, a committee's retained counsel represents only the bankruptcy estate as a whole and the counsel has no fiduciary duty to individual members.

Area(s) of Law:
  • Bankruptcy Law

Dilts v. Penske Logistics, Inc.

State laws are not preempted by the Federal Aviation Administration Authorization Act of 1994 unless proven to have a “significant impact” on prices, routes and services.

Area(s) of Law:
  • Labor Law

Ruiz v. Affinity Logistics

When one controls the details of another’s work, courts must weigh a variety of factors to determine whether the worker is an employee or an independent contractor, including determining whether the “employer” has the right to control the details of the work.

Area(s) of Law:
  • Labor Law

Gabriel v. Alaska Electrical Pension Fund

An error of calculation in a benefit pension plan is not sufficient to invoke equitable estoppel.

Area(s) of Law:
  • Employment Law

George v. Edholm

The actions of a private individual may be attributed to the state if there is a close enough connection between the challenged action and the state actor so that the behavior may be treated as if it was “of the State itself."

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

Chaudhry v. City of Los Angeles

California's survival statute does not apply to claims where the death of the decedent was caused by a violation of federal law.

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

Wolfson v. Concannon

Free speech restrictions by states on non-judge candidates running for judicial office must be based on a compelling state interest and must be narrowly tailored to achieve that interest.

Area(s) of Law:
  • Constitutional Law

Garcia v. PacifiCare of California

A health insurance company’s refusal to cover myoelectric prosthetics is not a violation of California Health and Safety Code §1367.18.

Area(s) of Law:
  • Insurance Law

Technica, LLC v. Carolina Cas. Ins Co.

The absence of a state license to contract does not preclude a subcontractor from pursuing a claim under the Miller Act for payments due under the contract.

Area(s) of Law:
  • Remedies

In re: Perez

The timing of a statement of disclosure does not negate an employee's status as an informant, and the identity of informants will only be justifiably released to the defending party if the information is essential to a successful defense.

Area(s) of Law:
  • Civil Procedure

Meritage Homes of Nevada V. FDIC

The Federal Deposit Insurance Corporation may satisfy judgments against it with receiver's certificates as opposed to cash.

Area(s) of Law:
  • Consumer Credit