Willamette Law Online

(16 summaries)

Larissa Small

9th Circuit Court of Appeals

TitleExcerptFilling Date
Rohit v. HolderImmigration: For purposes of determining whether an alien is deportable under 8 U.S.C. § 1227(a)(2)(A)(ii), disorderly conduct involving prostitution under § 647(b) of the California Penal Code is a crime involving moral turpitude.(02-29-2012)
Hunt v. County of OrangeFirst Amendment: Demotion and placing an inferior officer on administrative leave, because the officer campaigned against and alleged corruption against the superior officer is not constitutional. However, the superior officer may have qualified immunity if they reasonably but mistakenly believe political loyalty was required by the inferior officer.(02-13-2012)
Kristin Perry v. Edmund G. Brown, Jr.Civil Law: Protection of judicial integrity in a proceeding is a compelling interest to be protected in not releasing a recording under seal of trial proceedings.(02-02-2012)
Sierra Club v. EPAEnvironmental Law: The Environmental Protection Agency acts arbitrarily and capriciously when approving a State Implementation Plan for National Ambient Air Quality Standards, based on data that is significantly different than more current data.(01-20-2012)
Orange County v. California Dept. of EducationAdministrative Law: The California agency that is responsible for the an eligible minor under the Individuals with Disabilities Act is the school district in which the individuals parents resides, or the California Department of Education if no parent is defined or identified by statute.(12-28-2011)
United States v. TapiaSentencing: A sentencing court errs when considering a drug treatment program in determination of the length of a sentence for transporting undocumented illegal aliens without presentation and for financial gain.(12-08-2011)
Ortiz v. UribeHabeas Corpus: During the administration of a polygraph examination, if an examiner uses an appeal to tell the truth for his family and children to appeal to emotionalism, and does not declare that the examiner is a law enforcement officer, this does not demonstrate that the defendant's will was overborne and the confession involuntary.(11-18-2011)
United States v. WilliamsCriminal Law: The plain language of 18 U.S.C. Sec. 2251(d)(1)(A) does not contain any personal production element, nor does any tense of the wording show any congressional intent to include such an element to convict a defendant under this statute. .(10-27-2011)
Montana Consumer Counsel v. FERCAdministrative Law: FERC's Order 697, which establishes a market-based regulatory policy, does not exceed its authority under the FPA because FERC has enhanced its upfront tests for market power and oversight of market-based rates.(10-13-2011)
Cole v. HolderImmigration: To establish a Convention Against Torture claim, one must show that it is more likely than not he or she will be tortured. Such a claim should review the overall risk of being tortured, rather than only the individual potential sources of torture.(09-22-2011)
Kolev v. Porsche Cars North AmericaAdministrative Law: The FTC’s interpretation of the MMWA’s bar of mandatory pre-dispute binding arbitration is a reasonable interpretation and construction of the statute.(09-20-2011)
Portrero Hills Landfill v. County of SolanoConstitutional Law: Private interest groups bringing a suit concerning enforcement of a ballot measure does not implicate comity or federalism issues under the Younger doctrine.(09-13-2011)
United States v. Matus-ZayasCriminal Procedure: The statute 18 U.S.C. § 3144 does not abrogate the constitutional requirement of establishing a material witness unavailable prior to allowing preserved video-taped testimony at trial, when material witnesses have been released to their country of origin and a subpoena for their presence would be impracticable.(08-24-2011)
Stearns v. Ticketmaster Corp.Civil Procedure: When money is withdrawn from a person’s account every month without ever getting notice, they have suffered an injury in fact and may be certified as a class. To be a class representative, you must have actually suffered an actual injury by the unlawful practice.(08-22-2011)
ALADS v. County of Los AngelesConstitutional Law: A constitutionally protected property interest requiring due process does not change or halt when felony charges are alleged against law enforcement officers.(08-12-2011)
Mavrix Photo v. Brand TechnologiesCivil Procedure: A corporation that deliberately and continuously exploits a market in the forum state, is subject to specific personal jurisdiction when it satisfies purposeful direction of activities within the forum state and purposefully avails itself to the privilege of conducting activities within the forum.(08-08-2011)