Willamette Law Online

(10 summaries)

Therese Adams

9th Circuit Court of Appeals

TitleExcerptFilling Date
Conner v. HeimanCivil Procedure: When the material facts are undisputed by the parties and the dispute is only what inferences may properly be drawn from the facts, a court must decide the question of qualified immunity as a matter of law; a jury's possible finding that more reasonable inferences may have been drawn from the facts is irrelevant if the court finds that defendants acted on reasonable conclusions based upon the circumstances and settled law.(03-09-2012)
Ruiz v. Affinity LogisticsCivil Procedure: Under California's choice of law framework, parties' choice of Georgia law to govern an employment agreement is unenforceable because Georgia law is contrary to a fundamental policy of California and California has a materially greater interest in the case.(02-08-2012)
Biller v. Toyota Motor Corp., et alAlternative Dispute Resolution: Review of arbitration awards under arbitration agreements governed by the Federal Arbitration Act is limited to the standards specified in the Act, and awards may be vacation only on grounds listed in Section 10 of the Act; an arbitrator's written explanation of the rulings need only be sufficient enough to allow for this limited review. Furthermore, an arbitrator's recognition of applicable law in a written explanation is enough to overcome the allegation that the award should be vacated for manifest disregard of the law.(02-03-2012)
Alvarez v. HillCivil Procedure: The United States v. Howard exception to the mootness doctrine, which allows an otherwise moot claim to proceed on the premise that it challenges an ongoing policy which would evade review, does not apply to claims against prison policies that deal with post-conviction incarceration conditions.(01-20-2012)
Vegas Diamond Properties, LLC v. La Jolla Bank, FSBCivil Procedure: An appeal in federal court is moot if the conduct to be enjoined has already occurred, regardless of whether the case raises issues of substantial public interest.(01-06-2012)
Guatay Christian Fellowship v. County of San DiegoLand Use: Claims brought under the Religious Land Use and Institutionalized Persons Act of 2000 are not ripe for review unless the government entity implementing land use regulations has reached a final decision regarding the property at issue.(12-23-2011)
United States v. GrantSentencing: Rehabilitation is not an appropriate consideration for determining the length of imprisonment upon revocation of supervised release.(12-05-2011)
United States v. Beltran ValdezCriminal Procedure: An order denying a request for replacement counsel is barred by the collateral order doctrine and therefore not immediately appealable.(11-21-2011)
Connecticut Retirement Plans v. AmgenCivil Procedure: In a securities fraud class action suit, a plaintiff using the fraud-on-the-market presumption to show reliance does not need to prove that the alleged misrepresentations were material in order to certify the class.(11-08-2011)
United States v. WilkesCriminal Procedure: An honest services fraud conviction supported by a separate bribery count, is not insufficient for reliance on theories other than bribery or kickbacks. In addition, there is no merger in a money laundering conviction involving concealment because the crime concerns the gross receipts and not merely the profits of the underlying crime.(10-19-2011)