Willamette Law Online

(22 summaries)

Kary DeVaney

9th Circuit Court of Appeals

TitleExcerptFilling Date
Alliance for the Wild Rockies v. USDAEnvironmental Law:  Approval of a management plan is sufficient to establish causation and redressability. (11-20-2014)
Shell Gulf of Mex. v. Ctr. for Biological Div.Administrative Law: A party does not have an adverse legal interest that satisfies the case or controversy requirement merely because it could be impacted by potential legal action of another. (11-12-2014)
Spinedex Physical Therapy v. United HealthcareInsurance Law: A healthcare provider maintains Article III standing to bring claims against an assignee plan beneficiary for denied benefits but not for breach of fiduciary duty.(11-05-2014)
United States v. Morales HerediaCriminal Law: When the government commits to a plea agreement, it may not use prejudicial or inflammatory language to implicitly argue for a sentence harsher than the agreed upon sentence.(10-08-2014)
EEOC v. Peabody Western Coal Co.Tribal Law: Tribal hiring preferences are not discriminatory because tribal affiliation is a political classification and not a national origin classification.(09-26-2014)
The Boeing Company v. RaphaelEnvironmental Law: A state’s authority to regulate nuclear safety is preempted by the federal government’s control over the field of nuclear safety. (09-19-2014)
In re: SnowdenBankruptcy Law: Emotional distress damages are proper when a debtor suffers significant emotional harm, establishes the significant harm, and shows a causal connection between the harm and an automatic stay violation.(09-12-2014)
Tarabochia v. AdkinsCivil Rights § 1983: Department of Fish and Wildlife officers cannot invade a party’s right not to be stopped without having reasonable suspicion that the party had or was about to engage in unlawful activity. (09-09-2014)
United States v. FowlkesCriminal Procedure: The forcible removal of drugs from an arrestee’s body cavity requires a warrant and that personnel with medical training execute the warrant.(08-25-2014)
Stanley v. ChappellHabeas Corpus: The Antiterrorism and Effective Death Penalty Act requires postponement of federal review of a state court ruling until all state court remedies have been exhausted.(08-13-2014)
McDaniels v. KirklandHabeas Corpus: A court is not required to sua sponte augment a trial record to allow for comprehensive comparative juror analysis when making a determination of whether racial discrimination occurred during jury selection. (07-25-2014)
Avila v. LAPDLabor Law: When an employee’s testimony provides a motivating factor in that employee’s termination, the employer has violated the FLSA’s anti-retaliation provision, 29 U.S.C. § 215(a)(3), and the employee may recover liquidated damages.(07-10-2014)
United States v. TillmanCriminal Law: An order removing appointed counsel cannot be directly appealed because the order is nonfinal but can be raised by the defendant on appeal of the underlying case; additionally, a sanctions order can be directly appealed because it raises serious implications regarding the attorney’s reputation. (06-30-2014)
Allen v. MeyerCriminal Procedure: A magistrate judge has no jurisdiction to enter a final judgment without the consent of the parties.(06-20-2014)
Reddam v. CIRTax Law: A capital loss tax deduction must have economic substance; and, under the economic substance doctrine, a transaction must not be intended only to create a capital loss with no real expectation of generating income.(06-13-2014)
Ervine v. Desert View Reg’l Med. Ctr. HoldingsDisability Law: To prove standing under the Americans with Disabilities Act, a party must show a real and immediate threat that he will be subject to a discriminatory act by the defendant; and, under Section 504 of the Rehabilitation Act, each discrete and independent discriminatory act causes a claim to accrue and a new limitations period to begin.(05-29-2014)
Hurles v. RyanHabeas Corpus: A remand is appropriate when appellate counsel fails to raise all nonfrivolous issues on appeal, including inadequacy of trial or appellate counsel, and the failure results in actual prejudice; and, a failure to hold an evidentiary hearing is evidence of defective fact-finding and may provide evidence of judicial bias.(05-16-2014)
In Defense of Animals v. Dep’t of the InteriorEnvironmental Law: Under the Wild Free-Roaming Horses and Burros Act the BLM has authority to remove horses and burros when their populations exceed previously designated Appropriate Management Levels within Health Management Areas , further if the BLM provides the pertinent information in a convincing report, an environmental impact statement is not required under the National Environmental Policy Act.(05-12-2014)
Nevarez v. BarnesHabeas Corpus: An amended law that requires a reduction of time credits as a consequence of intervening misconduct by an inmate who was previously eligible for time credits does not raise ex post facto issues.(04-25-2014)
United States v. Ruiz-LopezCriminal Law: To uphold a conviction for illegal reentry after deportation, documents within an individual’s official record of prior encounters with immigration enforcement (“A-file”) may provide sufficient evidence of alienage. (04-25-2014)
In re: Schwartz-TallardBankruptcy Law: Attorneys’ fees incurred by a bankruptcy debtor in defense of a creditor’s appeal of a ruling that the creditor had violated the automatic stay requirement are actual damages recoverable by the debtor.(04-16-2014)
Gallardo v. United StatesTort Law: In pursuing a Federal Tort Claims Act (“FTCA”) action, a plaintiff’s claim accrues when she becomes aware of her injury and its cause, however, equitable tolling of the FTCA’s statute of limitations may be appropriate in some circumstances.(04-15-2014)