Willamette Law Online

(16 summaries)

Steve Cox

9th Circuit Court of Appeals

TitleExcerptFilling Date
Anderson v. HolderImmigration: For the purposes of naturalization, the laws of the state in which a child was domiciled prior to reaching twenty-one years of age determine paternity.(03-12-2012)
Towery v. BrewerCriminal Procedure: For an injunction halting an execution to be granted based on Eighth and Fourteenth Amendment violations, a plaintiff must show that the execution protocol was likely to subject the plaintiff to cruel and unusual punishment, and that the protocol would result in disparate treatment in which the plaintiff was treated differently and detrimentally.(02-27-2012)
Metabolic Research v. FerrellCivil Procedure: A motion to dismiss under anti-SLAPP statutes must meet the criteria applicable to the collateral order doctrine in order to be immediately reviewable as an interlocutory appeal.(02-09-2012)
Fair Housing Council v. Roommate.com, LLCCivil Law: Roommate selection based on sex, sexual orientation, and familial status does not violate the federal Fair Housing Act or California’s Fair Employment and Housing Act.(02-02-2012)
United States v. Melendez-CastroImmigration: A collateral attack on a deportation order must show a violation of the defendant’s due process right and prejudice.(01-18-2012)
White v. City of PasadenaCivil Procedure: State court decisions and reviewed administrative decisions in federal discrimination claims are entitled to the same preclusive effect that any other decision would be given in the courts of that state.(01-17-2012)
Ministry of Defense of Iran v. Cubic DefenseAlternative Dispute Resolution: The United States has a strong public policy toward the confirmation of foreign arbitration awards that outweighs current restrictive trade policies with Iran. Also, prejudgment interest and legal fees are available in an arbitration confirmation award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.(12-15-2011)
Rhoades v. ReinkeConstitutional Law: In order to succeed in a motion for stay of execution based on the constitutionality of an execution protocol, the defendant must show that he is likely to succeed in his challenge in order to be entitled to a stay.(11-16-2011)
Conahan v. SebeliusInsurance Law: Medicare Advantage Plans are not required to reimburse a patient when she unilateraly seeks the surgical removal of a tumor, after chemotherapy was found to be “available, accessible, and adequate” by the healthcare provider.(11-01-2011)
United States v. CarperCriminal Procedure: In order to qualify for the base offence level of fourteen, items illegally exported that appear on the United States Munitions List, 22 C.F.R § 121.1 must meet the definition of “firearm.” Also, district courts are not required to depart from the U.S. Sentencing Guideline Manual § 2M5.2 on policy grounds if they have no disagreement with the Manual’s recommendations.(10-14-2011)
United States v. ChungEvidence: The government’s failure to turn over exculpatory information does not violate its duty under Brady v. Maryland, when the evidence against the defendant is so overwhelming that the exculpatory information would not reasonably have resulted in a different trial outcome.(09-26-2011)
Singh v. HolderImmigration: “Extraordinary circumstances” in an untimely asylum application apply to the reason the application was delayed rather than the reason why the application was filed.(09-08-2011)
Alvarez v. Chevron CorporationCivil Law: When a retailer’s gasoline pump conforms to relevant California consumer protection laws, the company is entitled to safe harbor from liability under the same laws.(09-01-2011)
Yakima Valley Memorial Hospital v. Washington State Dept. of HealthCivil Procedure: A regulatory statute that creates market power to a private entity but does not delegate regulatory power does not violate the Sherman Act. A regulatory statute that restrains interstate commerce must have specific authorization from Congress to avoid violating the dormant Commerce Clause.(08-19-2011)
Pinto v. HolderImmigration: When the Bureau of Immigration Affairs remands an Immigration Judge’s grant of asylum back for consideration of a grant of voluntary departure, the decision is considered a final order or removal and the Ninth Circuit has jurisdiction to hear the appeal.(08-12-2011)
Pitts v. Terrible Herbst, Inc.Civil Procedure: A Rule 68 offer of judgment to the class representative does not render a class action suit moot when the representative may still timely file for class certification. Such filing will relate back to the date the claim was filed.(08-09-2011)