Willamette Law Online

(16 summaries)

Alyson Roush

9th Circuit Court of Appeals

TitleExcerptFilling Date
United States v. WhiteCriminal Procedure: A district court’s failure to hold a second or subsequent competency hearing [italics]sua sponte[/italics] is reviewed for abuse of discretion, and a defendant is competent to stand trial if he understands the nature of the charges and consequences of the proceedings against him, and has the ability to assist in his defense.(02-29-2012)
Wilson v. Hewlett-PackardCivil Procedure: To state a claim for relief under the California Consumer Legal Remedies Act and the Unfair Competition Act, a plaintiff must show that a causal connection exists between the alleged design defect and the alleged safety hazard, and that the manufacturer had knowledge of the safety hazard at the time of sale.(02-16-2012)
United States v. Willis Reyes-BonillaImmigration: An alien may challenge removal under the due process clause by when (1) they have exhausted all administrative remedies; (2) they have been deprived of the opportunity for judicial review; and (3) the proceeding was fundamentally unfair. To show fundamental unfairness, the alien must prove that his due process rights were violated, and that he would have had a plausible claim for relief had he not been prejudiced.(02-06-2012)
Strategic Diversity, Inc. v. Alchemix CorporationContract Law: To rescind a contract on the basis of § 10(b) of the Securities and Exchange Act of 1934, common law fraud and negligent misrepresentation, plaintiff must demonstrate economic damages. To rescind a contract based on a state securities law claim in Arizona, economic damages need not be shown.(01-20-2012)
Hepting v. AT & T Corp.Constitutional Law: Section 802 of the Foreign Intelligence Surveillance Act, which provides that private parties assisting the government with intelligence gathering shall not be subject to civil liability, is constitutional.(12-29-2011)
Strategic Diversity v. Alchemix Corp.Contract Law: A party wishing to rescind a contract, and claim negligent misrepresentation and fraud, must show economic damages.(12-02-2011)
Gutierrez v. HolderImmigration: In deportation hearings, an IJ can look into a person’s past record for a reasonable period of time to determine their good moral character. In deportation hearings, IJ’s can make adverse inferences based on a person’s silence without violating Fifth Amendment rights.(11-07-2011)
United States v. RevelesCriminal Procedure: It is not a violation of double jeopardy rights for a defendant to be punished in a non-judicial punishment proceeding and a federal prosecution proceeding.(10-24-2011)
United States v. KortlanderConstitutional Law: There is a qualified common law right of access to warrant materials after a criminal investigation has been terminated.(09-30-2011)
Luna v. HolderAdministrative Law: The Federal register provides sufficient notice to an alien seeking relief from a removal order; an alien’s due process rights are not infringed when a judge fails to advise the alien of his or her right to seek relief.(09-19-2011)
Adams v. United StatesCivil Law: Under the Federal Tort Claims Act, a plaintiff has six months to file a lawsuit after receiving a denial letter via certified or registered mail. Failure to comply with this filing requirement forever bars the claim from federal court.(09-08-2011)
Jackson v. RyanCivil Procedure: Jury instructions that read “homicide need not have been committed to perpetuate the felony…It is enough if the felony and the killing were part of the same series of events,” are unconstitutional because a reasonable jury would interpret them as negating the need to find the required element of felony murder that the killing was committed in furtherance of a felony.(09-01-2011)
Oliver v. Ralphs Grocery CompanyCivil Procedure: Pursuant to Federal Rule of Civil Procedure 8, a claim filed under the Americans with Disabilities Act, each barrier that contributes to the discrimination must be listed in the original complaint. A court will not consider an expert report amendment to a complaint unless it has been filed on time and proper notice has been given to the parties.(08-17-2011)
Soriano-Vino v. HolderImmigration: When an Immigration and Naturalization Service officer obtains information from an individual’s own statements and residency card, it is not violating the confidentiality provision of the Special Agricultural Workers program.(08-10-2011)
Estate of Petter v. CIRTax Law: An audit of a person’s taxes is not a condition precedent to make a transfer effective for the purpose of a charitable gift.(08-04-2011)
Alpha Delta v. ReedConstitutional Law: A student group denied status at a public university does not violate freedom of speech or association if the reason is viewpoint-neutral. A triable issue of fact exists under the free exercise clause and equal protection clause when a public university does not comply with its own nondiscrimination policy.(08-02-2011)