Sydney Safley

9th Circuit Court of Appeals (56 summaries)

United States v. Mazzarella

A Fourth Amendment violation for lack of authority to search is likely if: (1) the government knew that it was conducting intrusive acts in violation of the Fourth Amendment, or acquiesced to such; or (2) if the third-party did not intend to further law enforcement efforts or the third-party’s own ends.

Area(s) of Law:
  • Constitutional Law

Elmore v. Sinclair

Counsel’s strategic trial decisions must be objectively reasonable to defend against a claim of ineffective assistance of counsel.

Area(s) of Law:
  • Habeas Corpus

Doe v. Ayers

Counsel must investigate if counsel knows, or should know, that particular evidence might yield more mitigating evidence with further investigation.

Area(s) of Law:
  • Habeas Corpus

MTB Enter. v. ADC Venture 2011-2

Plaintiffs suing under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, are jurisdictionally limited to bringing the claim only before the District Court for the District of Columbia, or the district court in which the depository institution’s principal place of business is located.

Area(s) of Law:
  • Civil Procedure

Kohler v. Eddie Bauer

A plaintiff bringing an Americans with Disabilities Act lawsuit is not required to prove a violation through expert testimony, rather a lay witness may be used.

Area(s) of Law:
  • Disability Law

NRDC v. EPA

Pursuant to section 172(e) of the Clean Air Act (“CAA”), a state may implement tighter air quality controls which are “not less stringent than” the requirements imposed by section 185 of the CAA.

Area(s) of Law:
  • Administrative Law

Fyock v. City of Sunnyvale

Intermediate scrutiny is appropriate for a Second Amendment challenge if the law does not implicate the core Second Amendment right to possess the quintessential self-defense weapon, or does not place a substantial burden on that right.

Area(s) of Law:
  • Constitutional Law

Harrington v. EquiTrust Life Ins. Co.

A seller has no duty to disclose internal pricing policies or the method for valuing what it sells absent a fiduciary or statutory duty; if a court, rightly within its discretion, chooses to deny awards to a prevailing party, then it must explain its reasoning.

Area(s) of Law:
  • Civil Law

In re Hokulani Square, Inc.

A trustee cannot include the amount of a credit bid in the calculation of total compensation under 11 U.S.C. §§ 326(a) and 363(k).

Area(s) of Law:
  • Bankruptcy Law

United States v. Jimenez-Arzate

United States v. Grajeda remains good law, and Ceron v. Holder does not abrogate United States v. Grajeda.

Area(s) of Law:
  • Criminal Law

Salus Mundi Foundation v. CIR

Under 26 U.S.C. § 6901, the two prongs used to establish whether a transferee of a taxpayer’s assets is liable for the taxpayer’s failure to pay income tax operate independently.

Area(s) of Law:
  • Tax Law

Conservation Congress v. Finley

If a court must determine whether an Environmental Impact Statement, following a consultation under 50 C.F.R. § 420, contains a reasonably thorough discussion of the potential environmental impacts of a project, then it must employ the rule of reason, which is essentially the same standard as abuse of discretion.

Area(s) of Law:
  • Environmental Law

U.S. v. Gamez Reyes

If a sentencing enhancement is applied due to a special offense characteristic under the “Relevant Conduct” guideline of U.S.S.G. § 1B1.3(a)(1)(B), then the characteristic must be reasonably foreseeable to the defendant.

Area(s) of Law:
  • Criminal Law

Singh v. Holder

8 C.F.R. § 1003.2(a) unambiguously allows the Board of Immigration Appeals to reopen or reconsider any case that it has rendered a decision on at anytime and on its own motion; and, 8 C.F.R. § 1003.2(f) is consistent with the authority granted in 8 C.F.R. § 1003.2(a).

Area(s) of Law:
  • Immigration

Tamosaitis v. URS, Inc.

If one brings an action under 42 U.S.C. § 5851(a)(1)(A), he can only bring the action to federal court against defendants who have had at least one year’s notice of and opportunity to participate in the action.

Area(s) of Law:
  • Environmental Law

United States v. Moore

The narrow exception to the Fourth Amendment under the U.S. Supreme Court opinion in Georgia v. Randolph will only apply if the co-occupant is physically present and expressly refuses to consent to the search.

Area(s) of Law:
  • Criminal Procedure

Clark v. Arnold

According the U.S. Supreme Court case Strickland v. Washington, in order to prevail under a claim of ineffective assistance, one must demonstrate that (1) counsel was ineffective by an objective reasonableness standard and (2) the defendant was prejudice by such ineffective assistance in that trial would have had a substantially different outcome.

Area(s) of Law:
  • Habeas Corpus

United States v. Aguilera-Rios

If one is deported due a firearms offense under a state statute, the deportation is improper if the state law is not a categorical match to the federal firearms offense in 8 U.S.C. 1227(a)(2)(C) and the federal definition for “firearm” in 18 U.S.C. § 921(a)(3).

Area(s) of Law:
  • Immigration

Retail Prop. Trust v. UBCJA

Section 303 of the Labor Relations Management Act does not completely preempt state claims because it is not written in a way and is not intended to so thoroughly occupy the field of federal labor law that it replaces state law claims.

Area(s) of Law:
  • Labor Law

Andersen v. DHL Retirement Pension Plan

According to the definitions provided in ERISA, one’s “accrued benefit” is reduced only if the annual benefit of a defined benefit plan is reduced or the balance of the individual’s contribution plan account is reduced.

Area(s) of Law:
  • Civil Law

United States v. Tomsha-Miguel

18 U.S.C. § 912, which prohibits the impersonation of a United States officer or employee, is a permissive restriction on speech because it protects the integrity and repute of the government and it is not unconstitutionally overbroad because it incorporates the element of intent to deceive.

Area(s) of Law:
  • Criminal Law

Lacano Investments v. Balash

A federal court does not have jurisdiction over an action where the plaintiff seeks relief that is functionally equivalent to quiet title over submerged lands because such is barred by the Eleventh Amendment and specifically does not invoke the Ex parte Young exception.

Area(s) of Law:
  • Sovereign Immunity

Hernandez v. Spearman

If a pro se prisoner has a third party deliver his or her habeas petition to prison authorities, the prison mailbox rule will still apply, so the filing date of the petition will be the date of delivery to the prison authority.

Area(s) of Law:
  • Habeas Corpus

Rendon v. Holder

A state conviction will qualify as an aggravated felony, and render one ineligible for cancellation of removal, if it matches the comparable, generic federal statute under the “categorical approach,” or is divisible, under the “modified categorical approach,” in such a way that reveals alternative elements matching the comparable, generic federal statute.

Area(s) of Law:
  • Immigration

FTC v. Kimoto

An individual will be held liable under the Federal Trade Practices Act if he or she is found to have actual knowledge of material misrepresentations,was recklessly indifferent to the truth or falsity of a misrepresentation, or had an awareness of a high probability of fraud; further one can be held individually liable under the Electronic Funds Transfer Act for violations committed by corporations if he or she has personal involvement in such violations.

Area(s) of Law:
  • Consumer Credit

K.C. v. Torlakson

A federal court will have the discretion to exercise ancillary jurisdiction over a motion to enforce attorney’s fees in a matter that is related to, but may be separate from, a federal lawsuit, even if such lawsuit has concluded.

Area(s) of Law:
  • Civil Procedure

IFC v. Roman Catholic Church

If an insurance provision includes the phrase “any insured,” the plain language of the phrase clearly intends to include innocent co-insureds.

Area(s) of Law:
  • Insurance Law

United States v. Valdez-Novoa

If an alien challenges his deportation under 8 U.S.C. § 1326(d)(3), he must demonstrate: (1) the defects in the proceeding were a violation of his due process rights; and, (2) he suffered prejudice, in that the Immigration Judge failed to advise him of his eligibility to voluntarily depart and the Immigration Judge would have granted such voluntary departure.

Area(s) of Law:
  • Immigration

United States v. Hsiung

The Foreign Trade Antitrust Improvements Act under the Sherman Act, 15 U.S.C. §§ 1—7, does not apply to import trade, unless it proximately causes a direct effect on domestic commerce in the United States.

Area(s) of Law:
  • Criminal Law

United States v. Jackson

In order to meet 18 U.S.C. § 701’s element of “prescription by the head of a United States department or agency,” evidence of who prescribed the design of the badge, card or other insignia must be presented.

Area(s) of Law:
  • Criminal Law

In re: MERS

One must be in possession of both the promissory note and deed of trust of a mortgage in order to foreclose on a property, but if these documents are separated, the assignment of a beneficial interest in the deed of trust to the note holder will “reunify” the documents.

Area(s) of Law:
  • Property Law

Rosales-Martinez v. Palmer

If a prisoner’s claim for relief is based on an unlawful sentence, then the statute of limitations does not begin to run until the conviction or sentence is invalidated.

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

Zhi v. Holder

A judge’s adverse credibility determination must be grounded in substantial evidence in light of the totality of the circumstances, and a judge must provide notice or an opportunity for explanation to asylum applicants of the corroborative evidence needed to meet his or her burden of proof.

Area(s) of Law:
  • Immigration

United States v. Brooks

In order to allow one to regain competency to stand trial, the government may order the administration of antipsychotic drugs against the defendant’s will, but only if there is no other way to administer the drugs and the four Sell factors are met.

Area(s) of Law:
  • Criminal Law

Hedlund v. Ryan

If an application for writ of habeas corpus is based on a claim or claims that were adjudicated on the merits in state court proceedings it will not be granted, unless the state court decision was contrary to or involved unreasonable application of Federal law or the decision was based on an unreasonable determination of the facts.

Area(s) of Law:
  • Habeas Corpus

United States v. Charles

The Fair Sentencing Act of 2010’s provisions only apply to offenders who are sentenced after August 3, 2010 and Amendment 750 to the United States Sentencing Guidelines does not apply to those sentenced under the career offender guideline.

Area(s) of Law:
  • Criminal Law

Gonzalez v. City of Anaheim

Summary judgment for an excessive use of deadly force claim should not be granted if, based on the totality of the circumstances, a jury could reasonably rule for either party.

Area(s) of Law:
  • Criminal Procedure

United States v. Hernandez-Arias

If one’s temporary resident status is terminated, it acts as a revocation of any prior admission and he or she will return to the status of an inadmissible alien who is subject to removal.

Area(s) of Law:
  • Immigration

Go v. Holder

The time, number, and other procedural requirements of 8 C.F.R. § 1003.2(c) apply to claims under the Convention Against Torture.

Area(s) of Law:
  • Immigration

Stout v. FreeScore

If one offers a service that is represented, through advertisements or otherwise, as having the purpose to provide advice or assistance with regard to improving a consumer’s credit history, score, or record, then it will be deemed a “credit repair organization” under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq.

Area(s) of Law:
  • Consumer Credit

United States v. Vallejos

If one knowingly uses a file-sharing network to download child pornography, then he is engaging in the distribution of such materials, whether or not he knows he is allowing others to access those files.

Area(s) of Law:
  • Criminal Law

Griffin v. Gomez

A court will be found to abuse its discretion when issuing orders if it does not take subsequent, related developments into account or fails to apply appropriate authority.

Area(s) of Law:
  • Habeas Corpus

Smith v. JEM Group, Inc.

A court, rather than an arbitrator, has the authority to decide the validity of an arbitration clause in an attorney retainer agreement.

Area(s) of Law:
  • Arbitration

United States v. King

For charges under 18 U.S.C. § 922(a)(1)(A), unlawfully dealing in firearms, a jury instruction requiring the government to prove that a defendant was not acting as an authorized agent of a federal firearms licensee would be incorrect because it does not comport with the plain language of the statute and would undermine the purpose behind the statute.

Area(s) of Law:
  • Criminal Law

United States v. Stargell

A financial institution can be "affected" under 18 U.S.C. § 1343 if the institution encounters a new or an increased risk of loss.

Area(s) of Law:
  • Criminal Law

Tobar v. United States

Reciprocity with another nation exists when, under similar circumstances, United States nationals are able to sue the other nation in that nation’s courts, and the discretionary function exception in the Federal Tort Claims Act applies to the Public Vessels Act.

Area(s) of Law:
  • Sovereign Immunity

McKinney v. Ryan

There is no constitutional right to a “standard courtroom layout,” and sentencers are required only to fully consider mitigating evidence; they are not required to give it weight.

Area(s) of Law:
  • Habeas Corpus

In Re: Wilshire Courtyard

Under the “close nexus” test, a closed bankruptcy proceeding adequately supports subject matter jurisdiction if the matter affects the “’interpretation, implementation, consummation, execution, or administration of the confirmed plan.’”

Area(s) of Law:
  • Bankruptcy Law

Mont. Shooting Sports Ass'n v. Holder

A state firearm law which allows citizens to manufacture firearms, so long as they remain within the boundaries of the state, is subject to regulation under the Commerce Clause by the federal government because Congress may rationally conclude that the law would affect interstate commerce.

Area(s) of Law:
  • Civil Procedure

Villa-Anguiano v. Holder

The reinstatement of a prior removal order that has been invalidated on constitutional grounds cannot serve as the only reasoning for removing an alien.

Area(s) of Law:
  • Immigration

United States v. Flores

Courts shall “exercise caution” when estimating the amount of drugs distributed by a defendant, and when imposing a sentencing enhancement, courts must support conclusions with evidence and have the ability to adequately explain its decision.

Area(s) of Law:
  • Criminal Law

Gorlick Distrib. Ctrs. v. Car Sound Exhaust Sys.

In order to be found in violation of the Robinson-Patman Act, the buyer must have knowledge of the discriminatory prices; if a competitor has no reason to know its lower prices were anything other than a well-deserved reward a claim cannot stand.

Area(s) of Law:
  • Corporations

United States v. White Eagle

A "misapplication theory" by the government, predicated at best on an employer directive and a civil regulation, cannot support a conviction for conspiracy; and a defendant must have controlled or had custody of the funds that she later borrowed in order to meet the standard for embezzlement and conversion.

Area(s) of Law:
  • Criminal Law

Gantt v. City of Los Angeles

Jury instructions on the level of culpability for deliberate fabrication of evidence which are confusing and misleading may cause reversible error because a reasonable juror conclude that the techniques employed on a witness were so coercive and abusive that they would likely lead to false information.

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

Schwab v. CIR

The term "amount actually distributed" in a life insurance policy, for purposes of calculating what is taxable, means the fair market value of the what was distributed under the policy, and "surrender charges associated with a variable universal life insurance policy may be considered as part of the general inquiry into a policy's fair market value."

Area(s) of Law:
  • Tax Law

North East Med. Svcs. v. Cal. DHCS

The Eleventh Amendment of the United States Constitution bars claims for retroactive monetary relief, but prospective relief may be granted if "the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective."

Area(s) of Law:
  • Constitutional Law

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