Sydnie Wells

9th Circuit Court of Appeals (31 summaries)

Beaver v. Tarsadia Hotels

The presumption that state law should not be superseded by federal law can be overcome through conflict preemption if the state law hinders the full purposes and objectives of Congress.

Area(s) of Law:
  • Civil Procedure

City of Mukilteo v. USDOT

The National Environmental Policy Act requires the Federal Aviation Administration to analyze all reasonably foreseeable environmental impacts of its decisions before commencing operations for commercial passenger services at any major airport.

Area(s) of Law:
  • Environmental Law

Hedlund v. Ryan

A casual nexus test forbids the court from giving weight to non-statutory mitigating evidence unless the evidence was casually connected to the crime.

Area(s) of Law:
  • Habeas Corpus

In re The Village at Lakeridge

A bankruptcy court cannot confirm a Chapter 11 reorganization plan without first determining if any of the persons voting to accept the plan are either statutory or non-statutory insiders.

Area(s) of Law:
  • Bankruptcy Law

Liao v. Junious

Failure of counsel to secure medical evidence supporting the petitioner’s defense constitutes ineffective assistance of counsel.

Area(s) of Law:
  • Habeas Corpus

Jewel v. National Security Agency

Under Federal Rule of Civil Procedue Rule 54(b), when an action presents more than one claim for relief, or when multiple parties are involved, the court may direct entry of a final judgment as to one or more claims or parties only if the court expressly determines that there is no just reason for delay.

Area(s) of Law:
  • Civil Procedure

Dominguez v. Colvin

It is proper for a district court to remand the decision of the Commissioner of Social Security to the agency for additional investigation or explanation, unless certain prerequisites are met for remanding for benefits.

Area(s) of Law:
  • Administrative Law

Daniel v. Ford Motor Co.

The Consumers Legal Remedies Act prohibits “unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services.”

Area(s) of Law:
  • Consumer Credit

United States v. Bare

Under United States Sentencing Guidelines § 2K2.1(b)(6)(B), a 4-level enhancement is appropriate when the defendant used or possessed any firearm or ammunition in connection with another felony offense.

Area(s) of Law:
  • Sentencing

Jones v. Davis

Federal courts may not consider novel constitutional theories on habeas review, without considering all parties’ arguments regarding exhaustion.

Area(s) of Law:
  • Habeas Corpus

Crittenden v. Chappell

A preemptory challenge violates the Equal Protection Clause if the challenge is motivated in substantial part by race, regardless of whether the strike would have been made had race not played a role.

Area(s) of Law:
  • Criminal Procedure

Bikram's Yoga College v. Evolution Yoga

Copyright law protects only an expression of an idea, the words and pictures that describe the idea, but does not protect the idea itself.

Area(s) of Law:
  • Copyright

Int’l Franchise Ass’n v. City of Seattle

In order to obtain a preliminary injunction, on must show: (1) the claim is likely to succeed on the merits; (2) the plaintiff is likely to suffer irreparable harm without preliminary relief; (3) the balance of hardships tips in the plaintiff’s favor; and (4) a preliminary injunction is in the public interest.

Area(s) of Law:
  • Civil Law

Magnetar Techs v. Intamin

No person is entitled to patent an invention that has been on sale for more than a year before having filed the application for the patent.

Area(s) of Law:
  • Patents

OTET v. Hillsboro Garbage Disposal

Health and welfare benefit plans governed by the Employee Retirement Income Security Act of 1974 cannot recover damages for a breach of contract claim against a business who received health care benefits for ineligible employees.

Area(s) of Law:
  • Employment Law

IATSE v. InSync Show Productions

Where there is a dispute over the duration of an arbitration clause within a collective bargaining agreement, it is up to the arbitrator to decide the contested interpretations of an evergreen clause and whether the arbitration clause expired or was terminated.

Area(s) of Law:
  • Labor Law

Bennett v. Bank Melli

Section 201(a) of the Terrorism Risk Insurance Act and 28 U.S.C. §1610(g) allow victims of terrorist attacks to collect money owed to them from instrumentalities of the state that sponsored the attacks.

Multi Time Machine v. Amazon.com

A defendant infringes a trademark when they use the mark in commerce in a manner likely to cause confusion as to a product’s source, affiliation, association, or the trademark holder’s approval of the trademark user.

Area(s) of Law:
  • Trademarks

United States v. Garcia-Gonzalez

An alien who has been removed from the United States may not enter, attempt to enter, or be found in the United States without the Attorney General’s consent; a removal order is fundamentally unfair where the deportation proceeding violated due process and the alien was prejudiced as a result.

Area(s) of Law:
  • Immigration

Ass’n of Irritated Residents v. EPA

It is not arbitrary for an agency to correct an error in officiating a rule after learning the rule was not legally acceptable.

Area(s) of Law:
  • Environmental Law

Robinson v. Jewell

For a tribe to obtain title of a piece of land, there must be recognition by Congress of aboriginal title; absent such recognition by Congress, aboriginal title of occupancy may be terminated at any time without legal compensation to Indians.

Area(s) of Law:
  • Tribal Law

United States v. Macias

The Confrontation Clause forbids the admission of testimonial statements of witnesses who did not appear at trial, unless the witness was unavailable and the defendant had a chance to cross-examine the witness.

Area(s) of Law:
  • Criminal Law

K.W. v. Armstrong

The Medicaid Act requires an agency to inform every applicant of their right to a hearing at the time of any action affecting their claim, of which the notice must contain the reasons for the intended action.

Area(s) of Law:
  • Insurance Law

Big Lagoon Rancheria v. State of California

A class III gaming casino is only allowed on Indian lands if conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the state, from which the State has an obligation to negotiate in good faith.

Area(s) of Law:
  • Indian Law

Sierra Club v. Bureau of Land Mgmt.

The Bureau of Land Management has a duty to initiate consultation with the United States Fish and Wildlife Services under the Endangered Species Act, as well as a duty to prepare an Environmental Impact Statement under the National Environmental Policy Act if a project is a federal action that is interrelated to another project.

Area(s) of Law:
  • Environmental Law

Mtoched v. Lynch

An alien convicted of a crime involving moral turpitude, and subject to removal proceedings under 8 U.S.C. § 1182(a)(2)(A)(i)(I), may submit a waiver under 8 U.S.C. §1182(h) if the alien is already in the United States, and submits an application for adjustment of status in conjunction with the waiver application.

Area(s) of Law:
  • Immigration

United States v. Pickle

A lack of response to the Federal Rules of Civil Procedure’s Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions G(6) special interrogatories does not warrant a per se basis for striking a defendant’s claim.

Area(s) of Law:
  • Civil Procedure

Harrington v. Scribner

Under the Farmer test, deliberate indifference is found when an official is aware of a substantial risk of serious harm, but disregards that risk.

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

United States v. Brown

Under Federal Rule of Criminal Procedure 23(b)(3), courts have discretion to proceed with 11 jurors after excusing a juror for good cause during deliberations, even when alternates are available.

Area(s) of Law:
  • Criminal Procedure

Luna v. Kernan

A petitioner seeking equitable tolling for a one-year filing deadline must show (1) there were extreme circumstances which prevented the petitioner from filing on time, and (2) the petitioner was diligent in pursuing the petitioner’s rights.

Area(s) of Law:
  • Habeas Corpus

United States v. Urrutia-Contreras

At a revocation proceeding, a district court must provide the government an opportunity to offer a statement on their position pursuant to the Federal Rules of Criminal Procedure 32.1.

Area(s) of Law:
  • Criminal Procedure