Willamette Law Online

(19 summaries)

Courtney Tiemann

9th Circuit Court of Appeals

TitleExcerptFilling Date
Leyva v. Medline Industries, Inc.Civil Procedure: Individualized damage calculations alone do not defeat class certification under Fed. R. Civ. Pro. 23(b)(3).(05-28-2013)
Ceron v. HolderImmigration: Under Gonzales v. Barber, the Board of Immigration Appeals has jurisdiction over an alien convicted of a crime where he could have been sentenced to at least one year’s imprisonment, even if the actual sentence was for less amount of time, suspended, or imposed through probation; additionally, the designation of a felony by a trial court on the minute order will be given deference in determining a “wobbler.”(04-02-2013)
Correa-Rivera v. HolderImmigration: In an ineffective assistance of counsel claim, an alien meets the third Lozada requirement, that "the motion should reflect whether a complaint has been filed" with proper authorities, by including a copy of a complaint to the state bar.(02-06-2013)
In Re: Century Aluminum Co.Civil Law: Under § 11 of the Securities Act of 1933, 15 U.S.C. § 77k, a plaintiff has a cause of action if she proves that her purchased shares were fraudulently issued under a “materially false or misleading registration statement.”(01-02-2013)
United States v. YepezCriminal Law: A defendant whose state criminal sentence was retroactively terminated is not eligible for safety valve sentencing relief.(12-20-2012)
United States v. ManningSentencing: “Attempting” to obstruct justice through false statements, which “if believed would influence or affect the investigation,” amounts to obstruction of justice for purposes of U.S. Sentencing Guideline § 3C1.1, even if the defendant later rescinds those statements.(11-21-2012)
Evergreen Safety Council v. RSA NetworkCopyright: In a copyright action, when a defendant operates under color of title and a reasonable belief in free use, a willful infringement copyright claim may be barred by laches.(10-17-2012)
Sachs v. Republic of AustriaSovereign Immunity: To overcome the presumption that a foreign state is entitled to separate juridical status under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602, a claimant must show that the foreign state had a “day-to-day, routine involvement” over the affairs of the individual or corporation.(09-26-2012)
United States v. BurkeCriminal Law: Supervised release in a residential reentry center is not sufficient to satisfy the meaning of "custody" for purposes of charging a defendant with escaping from custody under 18 U.S.C. § 751(a).(09-13-2012)
Wood v. RyanHabeas Corpus: To obtain relief under 28 U.S.C. § 2254(d), the Antiterrorism and Effective Death Penalty Act (“AEDPA”), a party must show that the state court’s decision 1) “was contrary to clearly established federal law as determined by the Supreme Court,” 2) “involved an unreasonable application of such law,” or 3) “was based on an unreasonable determination of the facts in light of the record before the state court.”(09-10-2012)
Perfectly Fresh Farms v. USDACivil Law: Violations of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §499, can result in employment and licensing bans in the perishable produce industry if the person or subsidiary is found to be "responsibly connected."(08-28-2012)
Scott v. RyanHabeas Corpus: A claim for ineffective assistance of counsel will not be upheld if an attorney fails to present evidence that does not support a theory of defense, the legal outcome is unlikely to be different, and there is no prejudice to the defendant.(08-01-2012)
Headley v. Church of ScientologyCriminal Law: Under the Trafficking Victims Protection Act, no genuine issue of material fact exists in a psychologically coerced labor claim where the claimant fails to show that the defendant-employer obtained the claimant’s labor “‘by means of’ serious harm, threats, or other improper methods.”(07-24-2012)
Rosa v. TASER InternationalTort Law: A manufacturer does not have a duty to warn of “every report of a possible risk, no matter how speculative, conjectural or tentative," because it would dilute the warning of danger.(07-10-2012)
In re BlixsethBankruptcy Law: "11 U.S.C. § 362(h) combined with § 521(a)(2) lifts an automatic stay and removes personal property from the estate without a timely filing of a statement of intention and a motion to determine value or benefit of property by the trustee."(06-21-2012)
Okwu v. McKimCivil Rights § 1983: “Congress’s inclusion of a comprehensive remedial scheme in Title I of the ADA precludes § 1983 claims predicated on alleged violations of ADA Title I substantive rights.”(06-12-2012)
United States v. CarpenterCriminal Law: 18 U.S.C. § 3509(a) defines "sexual abuse" for purposes of 18 U.S.C. § 3282's extended statute of limitations. A defendant must make his desire for self-representation known in a timely and unequivocal manner.(05-22-2012)
Western Watersheds v. U.S. Dep't of the InteriorAdministrative Law: Under 28 U.S.C. § 2412(d)(1)(A) and [italics]Hudson[/italics] , a prevailing party is not entitled to an award of attorneys’ fees incurred in administrative proceedings that concluded before the commencement of the district court action.(04-25-2012)
Coalition To Defend v. BrownConstitutional Law: Prohibiting preferential treatment on the basis of race or ethnicity in the public education system does not violate the Equal Protection Clause of the Fourteenth Amendment.(04-02-2012)