Willamette Law Online

(37 summaries)

Emily Palmer

9th Circuit Court of Appeals

TitleExcerptFilling Date
AmeriPride Serv. v. Texas Eastern OverseasEnvironmental Law: When determining the allocation of contribution costs in multi-party litigation, where some of the parties have settled, the district court has discretion in determining the most equitable approach, but the court must explain its methodology.(04-02-2015)
United States v. Shaw Criminal Law: In bank fraud, the government does not need to prove that a financial institution was the intended victim of the fraud.(03-27-2015)
Crow Tribal Housing Auth. v. HUDTribal Law: When the Department of Housing and Urban Development is acting under the authority provided in 25 U.S.C. §§ 4165, an on-site investigation resulting in deductions in grant payouts triggers the opportunity for a hearing, but the party being investigated must invoke the right to a hearing in a timely manner. (03-26-2015)
Baker v. Microsoft Corp.Civil Law: Individual causation does not need to be proven in a class action lawsuit where the plaintiffs are claiming that a design defect breached the express warranty.(03-18-2015)
United State v. Zaragoza-Moreira Criminal Law: When potentially exculpatory evidence has been destroyed by a governmental body, a showing that the investigating officer understood its exculpatory value will result in a finding of bad faith and a violation of the defendant's due process rights.(03-18-2015)
Kyzar v. RyanHabeas Corpus: It is proper to reject a sufficiency of the evidence claim when the state presented sufficient evidence of the elements of the alleged crime.(03-12-2015)
CPR for Skid Row v. City of Los Angeles Civil Rights § 1983: Under § 403 of the California Penal Code, it is not a crime to disrupt a political meeting if no violence or force is used.(03-10-2015)
C.W. V. CAPISTRANO UNIFIED SCH. DIST.Attorney Fees: When a plaintiff asserts both merited and frivolous claims, the prevailing defendant may only be awarded attorneys fees for the time attributed to defending the frivolous claims.(03-02-2015)
United States v. Burgos-OrtegaCriminal Law: A criminal conviction under an overbroad state statute will still qualify as a sentencing enhancement under federal sentencing law if there is no realistic probability that an individual could be prosecuted under the overbroad portion of the state statute.(02-05-2015)
United States v. RiceCriminal Law: The Sixth Amendment is satisfied when a defendant who wishes to represent himself pro se is given a fair chance to present his defense in his own way.(01-22-2015)
United States v. DibeSentencing: Ineffective legal counsel is not to be considered as a sentencing factor in criminal cases. (01-13-2015)
Pom Wonderful v. HubbardTrademarks: In a trademark infringement action, the absence of evidence of actual confusion on the part of the consumers is a neutral factor and is not to be weighed against the plaintiff in determining whether an injunction is appropriate. (12-30-2014)
Vivid Entertainment v. FieldingFirst Amendment: The presence or absence of a condom in adult films is not a significant enough detail to be considered an "expressive message" for the purposes of protection under the First Amendment. (12-15-2014)
Landers v. Quality CommunicationsCivil Procedure: When bringing a claim under the Fair Labor Standards Act, the complaint must allege at least one workweek where the plaintiff worked overtime without adequate compensation. (11-12-2014)
Knutson v. Sirius XM RadioArbitration: An individual cannot assent to an arbitration provision in a contract when he or she is unaware that he or she is entering a contract at all. (11-10-2014)
Malhotra v. SteinbergCivil Procedure: In a False Claims Act case, publicly disclosed information must be brought by a party that was the original source of the information. (10-29-2014)
United States v. Vera Evidence: If a law enforcement officer testifies at trial as both a lay witness and an expert witness, the jury must be instructed as to the differences and significance of the separate roles so as not to give undue weight to lay witness testimony in violation of the Confrontation Clause. (10-22-2014)
Lightfoot v. Cendant Mortgage Corp.Civil Procedure: A sue-and-be-sued provision in a congressional charter may be read to confer federal court jurisdiction if the charter specifically addresses federal courts.(10-02-2014)
United States v. DreyerCriminal Law: A military affiliated investigator that investigates non-military related crimes and does not have a reasonable connection between the military and the crimes violates the Posse Comitatus Act. (09-12-2014)
Fortyune v. City of LomitaDisability Law: Under Title II of the Americans with Disabilities Act, local governments must guarantee that any normal government functions be reasonably accessible to peoples with disabilities.(09-05-2014)
United States v. LuisCriminal Law: A pecuniary loss suffered by a victim is sufficient to satisfy the "offense against property" requirement under the Mandatory Victim Restitution Act. (08-28-2014)
Doyle v. OneWest BankCivil Procedure: In class action suits, the citizenship of the plaintiff class must be determined based on the complaints being filed in the proper court, and not based on subsequent motions filed after removal. (08-22-2014)
Mastro v. RigbyBankruptcy Law: Disrespect or disregard for the judicial system is not a sufficient basis to utilize the fugitive disentitlement doctrine, as it is a harsh penalty and should be narrowly applied.(08-22-2014)
Brown v. HolderImmigration: It is a violation of due process when the Immigration and Naturalization Service either intentionally or arbitrarily obstructs applications for naturalization.(08-18-2014)
Nordstrom v. RyanCivil Rights § 1983: The Constitution permits prison guards to inspect confidential legal mail for contraband in the presence of the inmate, but it does not allow for the reading of confidential mail.(08-11-2014)
United States v. Reyes-SolosaCriminal Law: A three week postponement of a supervised release revocation hearing is not an unreasonable amount of time when waiting for the judgment of a criminal case. (07-30-2014)
Schultze V. ChandlerBankruptcy Law: In bankruptcy proceedings, a committee's retained counsel represents only the bankruptcy estate as a whole and the counsel has no fiduciary duty to individual members. (07-18-2014)
Dilts v. Penske Logistics, Inc.Labor Law: State laws are not preempted by the Federal Aviation Administration Authorization Act of 1994 unless proven to have a “significant impact” on prices, routes and services.(07-09-2014)
Ruiz v. Affinity LogisticsLabor Law: When one controls the details of another’s work, courts must weigh a variety of factors to determine whether the worker is an employee or an independent contractor, including determining whether the “employer” has the right to control the details of the work.(06-16-2014)
Gabriel v. Alaska Electrical Pension FundEmployment Law: An error of calculation in a benefit pension plan is not sufficient to invoke equitable estoppel. (06-06-2014)
George v. EdholmCivil Rights § 1983: The actions of a private individual may be attributed to the state if there is a close enough connection between the challenged action and the state actor so that the behavior may be treated as if it was “of the State itself."(05-28-2014)
Chaudhry v. City of Los AngelesCivil Rights § 1983: California's survival statute does not apply to claims where the death of the decedent was caused by a violation of federal law. (05-19-2014)
Wolfson v. ConcannonConstitutional Law: Free speech restrictions by states on non-judge candidates running for judicial office must be based on a compelling state interest and must be narrowly tailored to achieve that interest.(05-09-2014)
Garcia v. PacifiCare of CaliforniaInsurance Law: A health insurance company’s refusal to cover myoelectric prosthetics is not a violation of California Health and Safety Code §1367.18.(05-08-2014)
Technica, LLC v. Carolina Cas. Ins Co.Remedies: The absence of a state license to contract does not preclude a subcontractor from pursuing a claim under the Miller Act for payments due under the contract. (04-29-2014)
In re: PerezCivil Procedure: The timing of a statement of disclosure does not negate an employee's status as an informant, and the identity of informants will only be justifiably released to the defending party if the information is essential to a successful defense.(04-18-2014)
Meritage Homes of Nevada V. FDICConsumer Credit: The Federal Deposit Insurance Corporation may satisfy judgments against it with receiver's certificates as opposed to cash.(04-15-2014)