Willamette Law Online

(13 summaries)

Andrew Fitch

9th Circuit Court of Appeals

TitleExcerptFilling Date
United States v. BrooksCriminal Procedure: The admission of photographs of seized evidence does not violate the Confrontation Clause because photographs are not “witnesses” against the defendant. (11-24-2014)
Oracle Corp v. SAP AGCopyright: A plaintiff does not have to show it would have actually licensed its material to receive a hypothetical-license damage award, however, a hypothetical-license award cannot be based on undue speculation. (08-29-2014)
United States v. CarrCriminal Procedure: Pretrial identification testimony is admissible as evidence if the procedure was not impermissibly suggestive and a jury could weigh any delay in testimony under the totality of circumstances.(08-04-2014)
Street Surfing v. Great Am. E&S Ins. Co.Insurance Law: An insurance company may deny coverage under a prior publication exclusion if the publication was used before coverage and post-coverage advertisements are substantially similar to advertisements posted before the coverage period. (06-10-2014)
United Transp. Union v. FoxxLabor Law: If a collective bargaining agreement is unclear in its terms, the Federal Railroad Association lacks jurisdiction to issue an order interpreting the agreement.(05-08-2014)
United States v. VillalobosCriminal Law: A district court's instruction that all threats to testify are produce information are "wrongful" is erroneous if they were made with the intend to induce or take advantage of fear, however when the error is harmless it is overlooked. (04-11-2014)
Goldman Sachs & Co. v. City of RenoArbitration: A city may be a customer under the Financial Industry Regulation Authority and therefore is entitled to arbitration, however, when a city agrees to a forum selection clause they waive their right to arbitration. (03-31-2014)
Republic of Ecuador v. MackayCivil Procedure: Fed. R. Civ. Pro. Rule 26(b)(3) does not provide presumptive protection for all expert trial preparation materials. (01-31-2014)
Shapiro v. HensonBankruptcy Law: A trustee may file a § 542(a) motion for turnover whether or not an entity has possession at the time the motion is filed. (01-09-2014)
Hernandez v. HolderImmigration: The “place-of-filing” rule is a procedural claims-processing rule and is not a jurisdictional bar to the Board of Immigration Appeals’ authority to consider a motion to reopen an application. (12-24-2013)
Jones v. U.S. TrusteeBankruptcy Law: A fraud that would have served as grounds for denial of discharge of debt is also grounds for the revocation of discharge of debt if the trustee did not know of the fraud at the time of the discharge.(12-02-2013)
Armstrong v. AsselinCivil Rights § 1983: Qualified immunity, shielding police officers from liability, may be invoked when a police officer acts in good faith using a warrant subjected to approval by prosecutors and neutral judicial officials.(11-01-2013)
United States v. CohenSentencing: A sentencing enhancement involving “a misrepresentation that the defendant was acting on behalf of a charitable organization” can be applied when the defendant does not purport work directly for a charitable organization.(10-07-2013)