Willamette Law Online

(15 summaries)

Robert Hanson

9th Circuit Court of Appeals

TitleExcerptFilling Date
Movesesian v. Victoria Versicherung AGPreemption: Section 354.4 of the California Code of Civil Procedure, which grants state courts jurisdiction over insurance claims by Armenian Genocide Victims, is preempted under the foreign affairs doctrine.(02-23-2012)
United States v. Polar StarContract Law: A federal government action for a taking, concurrent with a notice to renew a lease upon that same property, may be dismissed if the government's lease is renewed and there is a possessory right in the property. Other terms to that lease renewal, such as the price of the lease are within the sole jurisdiction of the Court of Federal Claims.(02-14-2012)
GECCMC 2005-C1 Plummer Street v. JP Morgan Chase BankLandlord Tenant: A landlord is not an intended third-party beneficiary to a Purchase & Assumption Agreement (P&A), which otherwise, would allow them to sue for breach of contract on an agreement between the Federal Deposit Insurance Corporations (FDIC) and a new mortgage purchaser.(02-01-2012)
United States v. Lopez-AvilaCriminal Procedure: Double Jeopardy does not bar a retrial where prosecutorial misconduct that led to a mistrial was not the result of a strategic decision to retry to case at a more advantageous date.(01-12-2012)
Parker v. SmallCriminal Procedure: It does not violate a persons right to a trial by jury when a judge advises a holdout jury to try alternative methods of deliberation in accordance with California's Moore Charge.(12-27-2011)
Andrich v. United StatesCivil Procedure: Writs of mandamus brought to enforce the Crime Victims Rights Acts are reviewed for a district court's clear error and abuse of discretion.(12-02-2011)
Mirmehdi v. United StatesImmigration: Illegal immigrants having used alternative remedies are not entitled to money damages for constitutional violations.(11-03-2011)
Carrillo-Yeras v. AstrueAdministrative Law: When the Social Security Administration ("SSA") needlessly delays for over a year in reopening a claim without a showing that it “diligently pursued” investigation, it can not reverse any decision that was beneficial to applicant.(10-25-2011)
United States v. Barraza-LopezCriminal Procedure: The Speedy Trial Act’s thirty-day window to file charges after an arrest does not bar charges that have been dropped without prejudice from later being refiled.(09-28-2011)
Comite De Jornaleros v. City of RedondoConstitutional Law: A city ordinance that prevents a person from soliciting cars on the sidewalk is facially unconstitutional if it is not narrowly tailored to restrict the types of solicitation sought to be discouraged.(09-16-2011)
United States v. Cisneros-ResendizImmigration: An Immigration Judge (IJ) has not prejudiced a defendant by not warning them of the effects of a withdrawal of an application for admission when it was unlikely the judge would have granted application for admission. Without a showing of prejudice, the defendant is precluded from a collateral attack on any removal orders.(09-06-2011)
Lyon v. Chase Bank USACivil Law: The mistaken collection of a previously paid debt in violation of the Fair Credit Billing Act (“FCBA”) may allow recovery under Oregon’s Unlawful Debt Collection Practices Act (“UDCPA”) regardless of whether or not there was an actual debt or not.(08-30-2011)
M.H. V. USACriminal Procedure: Under the Required Records Doctrine, the Fifth Amendment right not to incriminate oneself does not apply to a subpoena to bring forward documents relating to the ownership of foreign bank accounts.(08-19-2011)
United States v. WashingtonCriminal Procedure: The use of Federal Rule of Civil Procedure 60(b) may not be used like 28 U.S.C. § 2255 to reopen appellate cases without the § 2255 requirement for a certificate of appealability.(08-08-2011)
Van Dusen v. USDC-AZPAlternative Dispute Resolution: Whether § 1 of the Federal Arbitration Act (FAA) applies to truck drivers raises a jurisdictional question of first impression and does not warrant a writ of mandamus.(07-27-2011)