Larissa Small

9th Circuit Court of Appeals (16 summaries)

Rohit v. Holder

For purposes of determining whether an alien is deportable under 8 U.S.C. § 1227(a)(2)(A)(ii), disorderly conduct involving prostitution under § 647(b) of the California Penal Code is a crime involving moral turpitude.

Area(s) of Law:
  • Immigration

Hunt v. County of Orange

Demotion and placing an inferior officer on administrative leave, because the officer campaigned against and alleged corruption against the superior officer is not constitutional. However, the superior officer may have qualified immunity if they reasonably but mistakenly believe political loyalty was required by the inferior officer.

Area(s) of Law:
  • First Amendment

Kristin Perry v. Edmund G. Brown, Jr.

Protection of judicial integrity in a proceeding is a compelling interest to be protected in not releasing a recording under seal of trial proceedings.

Area(s) of Law:
  • Civil Law

Sierra Club v. EPA

The Environmental Protection Agency acts arbitrarily and capriciously when approving a State Implementation Plan for National Ambient Air Quality Standards, based on data that is significantly different than more current data.

Area(s) of Law:
  • Environmental Law

Orange County v. California Dept. of Education

The California agency that is responsible for the an eligible minor under the Individuals with Disabilities Act is the school district in which the individuals parents resides, or the California Department of Education if no parent is defined or identified by statute.

Area(s) of Law:
  • Administrative Law

United States v. Tapia

A sentencing court errs when considering a drug treatment program in determination of the length of a sentence for transporting undocumented illegal aliens without presentation and for financial gain.

Area(s) of Law:
  • Sentencing

Ortiz v. Uribe

During the administration of a polygraph examination, if an examiner uses an appeal to tell the truth for his family and children to appeal to emotionalism, and does not declare that the examiner is a law enforcement officer, this does not demonstrate that the defendant's will was overborne and the confession involuntary.

Area(s) of Law:
  • Habeas Corpus

United States v. Williams

The plain language of 18 U.S.C. Sec. 2251(d)(1)(A) does not contain any personal production element, nor does any tense of the wording show any congressional intent to include such an element to convict a defendant under this statute. .

Area(s) of Law:
  • Criminal Law

Montana Consumer Counsel v. FERC

FERC's Order 697, which establishes a market-based regulatory policy, does not exceed its authority under the FPA because FERC has enhanced its upfront tests for market power and oversight of market-based rates.

Area(s) of Law:
  • Administrative Law

Cole v. Holder

To establish a Convention Against Torture claim, one must show that it is more likely than not he or she will be tortured. Such a claim should review the overall risk of being tortured, rather than only the individual potential sources of torture.

Area(s) of Law:
  • Immigration

Kolev v. Porsche Cars North America

The FTC’s interpretation of the MMWA’s bar of mandatory pre-dispute binding arbitration is a reasonable interpretation and construction of the statute.

Area(s) of Law:
  • Administrative Law

Portrero Hills Landfill v. County of Solano

Private interest groups bringing a suit concerning enforcement of a ballot measure does not implicate comity or federalism issues under the Younger doctrine.

Area(s) of Law:
  • Constitutional Law

United States v. Matus-Zayas

The statute 18 U.S.C. § 3144 does not abrogate the constitutional requirement of establishing a material witness unavailable prior to allowing preserved video-taped testimony at trial, when material witnesses have been released to their country of origin and a subpoena for their presence would be impracticable.

Area(s) of Law:
  • Criminal Procedure

Stearns v. Ticketmaster Corp.

When money is withdrawn from a person’s account every month without ever getting notice, they have suffered an injury in fact and may be certified as a class. To be a class representative, you must have actually suffered an actual injury by the unlawful practice.

Area(s) of Law:
  • Civil Procedure

ALADS v. County of Los Angeles

A constitutionally protected property interest requiring due process does not change or halt when felony charges are alleged against law enforcement officers.

Area(s) of Law:
  • Constitutional Law

Mavrix Photo v. Brand Technologies

A corporation that deliberately and continuously exploits a market in the forum state, is subject to specific personal jurisdiction when it satisfies purposeful direction of activities within the forum state and purposefully avails itself to the privilege of conducting activities within the forum.

Area(s) of Law:
  • Civil Procedure

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