Willamette Law Online

(11 summaries)

Kary DeVaney

9th Circuit Court of Appeals

TitleExcerptFilling Date
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)