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