Willamette Law Online

(39 summaries)

Jacalyn Boyle

9th Circuit Court of Appeals

TitleExcerptFilling Date
Kohler v. Bed Bath & BeyondDisability Law: A tenant store of a shopping center is not responsible for violations of the Americans with Disabilities Act that exist in common areas controlled by the landlord.(03-24-2015)
Curiel v. MillerHabeas Corpus: The one year limitations period in the Antiterrorism and Effective Death Penalty Act for a state prisoner to file a federal habeas petition is not tolled when the state appeal was determined to be untimely.(03-19-2015)
Taylor v. YeeCivil Procedure: The California Comptroller is not violating property owner's due process rights when carrying out the notice procedures of the Unclaimed Property Law. (03-11-2015)
Aircraft Services Int'l v. Working Wash.Labor Law: Before an airline may seek a preliminary injunction to prevent a labor strike, it must first comply with Section 8 of the Norris-LaGuardia Act. (03-10-2015)
In Re Online DVD-Rental Antitrust Litig.Corporations: In order to establish that an online DVD-rental service has engaged in a merger that violates the Sherman Act, an antitrust injury-in-fact must be demonstrated.(02-27-2015)
Zavalin v. ColvinDisability Law: An Administrative Law Judge must reconcile any discrepancies between a disability insurance applicant's functional capacity and testimony by a vocational expert. (02-20-2015)
Sharkey v. O'NealDisability Law: California's three-year statute of limitations, found in Section 11135 of the California Government Code, applies to Title II claims.(02-10-2015)
Shinault v. HawksCriminal Procedure: A state must provide an inmate a pre-deprivation hearing before transferring a substantial amount of money from the inmate's trust account. (01-22-2015)
LaCross v. Knight TransportationCivil Procedure: A defendant when removing a case to federal court may use assumptions and a reasonable chain of logic to show by a preponderance that the amount in controversy exceeds $5 million.(01-08-2015)
City of Spokane v. Fed. Nat'l Mortgage Ass'nTax Law: Congress has the constitutional authority to exempt Fannie May and Freddie Mac, part of the secondary mortgage market, from state and local taxes.(12-30-2014)
State of Arizona v. ASARCOEmployment Law: An award of $300,000 in a Title VII sexual harassment case is not excessive or in violation of due process when the plaintiff was only awarded nominal damages and no compensatory damages.(12-10-2014)
WildEarth Guardians v. McCarthyEnvironmental Law: The Environmental Protection Agency Administrator does not have a non-discretionary duty to issue regulations regarding updates to the Clean Air Act.(12-01-2014)
In the Matter of: Mortgages Ltd. Bankruptcy Law: An appeal from a bankruptcy order must be dismissed for mootness if an appellant does not seek a stay from the bankruptcy court or district court.(11-12-2014)
Leal v. HolderImmigration: Felony endangerment, under Arizona law, is considered a crime of moral turpitude for the purposes of immigration removal proceedings. (11-06-2014)
Espino-Castillo v. HolderImmigration: The crime of fraud is considered a crime involving moral turpitude for the purposes of determining if a person is eligible for cancellation of deportation.(10-29-2014)
Young v. United StatesTort Law: The decision by the National Park Service not to warn visitors of a known danger is not covered under the discretionary function exception to the Federal Tort Claims Act. (10-17-2014)
Sturgeon v. MasicaWildlife Law: Federal regulation that bans hovercraft on rivers within a national park is enforceable when the regulation applies to all land within the conservation area.(10-06-2014)
Zoggolis v. Wynn Las VegasAdministrative Law: In an action by a patron against a casino owner, the patron does not have to go before the Nevada Gaming Control Board, when the debts are evidenced by credit instruments.(09-23-2014)
Gomez v. Campbell-Ewald Co.Civil Law: A government contractor can be held liable for a violation of the Telephone Consumer Protection Act when a third-party vendor sends unsolicited text messages.(09-19-2014)
MEIC v. Stone-ManningEnvironmental Law: A plaintiff cannot establish standing under the firm prediction rule unless they are able to show that the approval of an application is “inevitable” or “nearly certain” to occur. (09-11-2014)
Torres-Valdivias v. HolderImmigration: When reviewing the criminal history of an alien in an application for an adjustment of status, the Board of Immigration Appeals has the discretion to consider the facts of a prior crime, or to follow a categorical standard, which only uses the statutory definition of the crime and not any surrounding facts.(09-05-2014)
El Dorado Estates v. City of FillmoreStanding: A mobile park home owner suffers actual injury when a city creates unreasonable delay and added expenses during the application process for the park to subdivide. (09-02-2014)
Rashdan v. GeissbergerEmployment Law: When evaluating a Title VI discrimination claim, the court may use the test for Title VII discrimination to determine if the plaintiff established a prima facie case.(08-26-2014)
United States v. MendezCriminal Law: Under Washington law, juvenile adjudications are considered predicate offenses when calculating punishment for offenses after the juvenile has become an adult. (08-26-2014)
Encompass Ins. Co. v. Coast Nat'l Ins. Co.Insurance Law: An injury that occurs when a third-party unloads an injured person from a vehicle is covered under permissive use under the third-party and driver's car insurance policy. (08-13-2014)
S. Cal. Darts Ass'n v. ZaffinaTrademarks: Under the Lantham Act, an unincorporated association may bring suit in federal court to protect its trademarks from infringement. (08-11-2014)
State of Hawaii v. HSBC Bank NevadaCivil Procedure: An action by a state Attorney General against credit card providers for state law claims of deceptive marketing practices cannot be removed to federal court because it is not pre-empted by federal law and is not a class action. (08-01-2014)
Petrie v. Electronic Game Card, Inc. Civil Law: A party does not violate the discovery stay under the Private Securities Litigation Reform Act when it relies on materials provided by a third party pursuant to a valid subpoena issued when no PSLRA discovery stay was in effect.(07-30-2014)
United States v. KieferCriminal Law: Applying the mandatory minimum sentence for a child pornography conviction under U.S.S.G.§ 2G2.2 does not violate the separation of powers doctrine. (07-24-2014)
United States v. RuizCriminal Law: Reckless omissions by a police officer about the credibility of an eyewitness to obtain a search warrant may fatally undermine a finding of probable cause without corroboration that the eyewitness is truthful.(07-11-2014)
United States v. GoldtoothCriminal Law: The crime of attempted robbery under 18 U.S.C. § 2111 requires proof of specific intent. (06-12-2014)
Burton V. Infinity Capital ManagementSovereign Immunity: Quasi-judicial immunity is not extended as a matter of law to an attorney who prepares a judicial order for a judge. (06-04-2014)
United States v. Rangel-GuzmanCriminal Law: In a criminal trial, a prosecutor must use another witness to impeach prior statements of the witness.(05-28-2014)
United States v. Guerrero-JassonCriminal Law: When applying the twenty-year statutory maximum penalty under 8 U.S.C. § 1326(b), whether the defendant was removed before or after an aggravated felony conviction must be submitted to a jury or admitted by the defendant.(05-27-2014)
Green v. City & Cnty. of San FranciscoCivil Rights § 1983: An officer who does not verify the plates of a stolen vehicle while making a stop may be making an unlawful stop. (05-12-2014)
Dixon v. WilliamsCriminal Procedure: Erroneous jury instruction regarding self-defense was not harmless because it limited the jury's consideration of what constitutes manslaughter instead of murder. (04-30-2014)
Leite V. Crane CoCivil Procedure: When a plaintiff challenges removal under the federal officers removal statute, the burden is on the defendant to show beyond a preponderance of the evidence that the colorable federal defense and causal nexus requirements for removal jurisdiction were met. (04-25-2014)
United States v. HarringtonCriminal Law: Due process is violated when a park ranger in a national park does not inform a suspected drunk driver that refusal to submit to a breath or chemical test is a freestanding offense that is punishable with a fine or imprisonment.(04-18-2014)
Jackson v. BarnesCriminal Law: A claim brought under 42 U.S.C. § 1983 is not barred if the second conviction will not be affected, even if the damages are nominal because the prisoner was serving time for an unrelated conviction.(04-15-2014)