9th Circuit Court of Appeals (19 summaries)
Leyva v. Medline Industries, Inc.
Individualized damage calculations alone do not defeat class certification under Fed. R. Civ. Pro. 23(b)(3).
Area(s) of Law:- Civil Procedure
Ceron v. Holder
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鈥檚 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 鈥渨obbler.鈥
Area(s) of Law:- Immigration
Correa-Rivera v. Holder
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.
Area(s) of Law:- Immigration
In Re: Century Aluminum Co.
Under 搂 11 of the Securities Act of 1933, 15 U.S.C. 搂 77k, a plaintiff has a cause of action if she proves that her purchased shares were fraudulently issued under a 鈥渕aterially false or misleading registration statement.鈥
Area(s) of Law:- Civil Law
United States v. Yepez
A defendant whose state criminal sentence was retroactively terminated is not eligible for safety valve sentencing relief.
Area(s) of Law:- Criminal Law
United States v. Manning
鈥淎ttempting鈥 to obstruct justice through false statements, which 鈥渋f believed would influence or affect the investigation,鈥 amounts to obstruction of justice for purposes of U.S. Sentencing Guideline 搂 3C1.1, even if the defendant later rescinds those statements.
Area(s) of Law:- Sentencing
Evergreen Safety Council v. RSA Network
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.
Area(s) of Law:- Copyright
Sachs v. Republic of Austria
To overcome the presumption that a foreign state is entitled to separate juridical status under the Foreign Sovereign Immunities Act, 28 U.S.C. 搂 1602, a claimant must show that the foreign state had a 鈥渄ay-to-day, routine involvement鈥 over the affairs of the individual or corporation.
Area(s) of Law:- Sovereign Immunity
United States v. Burke
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. 搂 751(a).
Area(s) of Law:- Criminal Law
Wood v. Ryan
To obtain relief under 28 U.S.C. 搂 2254(d), the Antiterrorism and Effective Death Penalty Act (鈥淎EDPA鈥), a party must show that the state court鈥檚 decision 1) 鈥渨as contrary to clearly established federal law as determined by the Supreme Court,鈥 2) 鈥渋nvolved an unreasonable application of such law,鈥 or 3) 鈥渨as based on an unreasonable determination of the facts in light of the record before the state court.鈥
Area(s) of Law:- Habeas Corpus
Perfectly Fresh Farms v. USDA
Violations of the Perishable Agricultural Commodities Act (鈥淧ACA鈥), 7 U.S.C. 搂499, can result in employment and licensing bans in the perishable produce industry if the person or subsidiary is found to be "responsibly connected."
Area(s) of Law:- Civil Law
Scott v. Ryan
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.
Area(s) of Law:- Habeas Corpus
Headley v. Church of Scientology
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鈥檚 labor 鈥溾榖y means of鈥 serious harm, threats, or other improper methods.鈥
Area(s) of Law:- Criminal Law
Rosa v. TASER International
A manufacturer does not have a duty to warn of 鈥渆very report of a possible risk, no matter how speculative, conjectural or tentative," because it would dilute the warning of danger.
Area(s) of Law:- Tort Law
In re Blixseth
"11 U.S.C. 搂 362(h) combined with 搂 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."
Area(s) of Law:- Bankruptcy Law
Okwu v. McKim
鈥淐ongress鈥檚 inclusion of a comprehensive remedial scheme in Title I of the ADA precludes 搂 1983 claims predicated on alleged violations of ADA Title I substantive rights.鈥
Area(s) of Law:- Civil Rights 搂 1983
United States v. Carpenter
18 U.S.C. 搂 3509(a) defines "sexual abuse" for purposes of 18 U.S.C. 搂 3282's extended statute of limitations. A defendant must make his desire for self-representation known in a timely and unequivocal manner.
Area(s) of Law:- Criminal Law
Western Watersheds v. U.S. Dep't of the Interior
Under 28 U.S.C. 搂 2412(d)(1)(A) and Hudson , a prevailing party is not entitled to an award of attorneys鈥 fees incurred in administrative proceedings that concluded before the commencement of the district court action.
Area(s) of Law:- Administrative Law
Coalition To Defend v. Brown
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.
Area(s) of Law:- Constitutional Law