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United States Ninth Circuit - April 2003 Opinion Summaries

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Description Date Docket #
US v. CULLITON
United States Ninth Circuit
 
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04/30/2003 00-10599
IVY v. PONTESSO
United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus 
The fact that petitioner cannot now raise a procedurally-barred actual innocence claim does not mean that the 28 U.S.C. section 2255 remedy is...
04/30/2003 00-16381
KP PERMANENT MAKE-UP, INC. v. LASTING IMPRESSION I, INC.
United States Ninth Circuit
Intellectual Property, Trademark 
A reasonable jury in a trademark infringement action could not conclude that "micro colors" is a generic term, and incontestible registration is...
04/30/2003 01-56055
US v. BYNUM
United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure 
18 U.S.C. section 666, pertaining to theft of federal funds, is facially constitutional, and a finding of a federal nexus for valid application of...
04/30/2003 02-10016
US v. CABRERA
United States Ninth Circuit
Criminal Law & Procedure 
Assuming that the government was required to prove that the theft had some effect on a program receiving federal funds, for a conviction under 18...
04/30/2003 01-10152
BALSER v. DEP'T OF JUSTICE
United States Ninth Circuit
Bankruptcy Law, Government Law, Injury & Tort Law 
The Bankruptcy Code does not contain an unequivocally express waiver of sovereign immunity for U.S. trustees, thus such immunity bars a suit filed...
04/29/2003 02-35114
SILVER SAGE PARTNERS, LTD. v. CITY OF DESERT HOT SPRINGS
United States Ninth Circuit
Bankruptcy Law, Civil Procedure 
A bankruptcy court order denying a motion to dismiss a Chapter 9 bankruptcy petition, based on a claim that it was brought in bad faith, was...
04/29/2003 02-55835
STATON v. BOEING CO.
United States Ninth Circuit
Attorney's Fees, Civil Procedure, Civil Rights, Class Actions 
The district court acted within its discretion in certifying an employment discrimination case as a class action under FRCP 23(a). Parties to a class...
04/29/2003 99-36086
CHANG v. US
United States Ninth Circuit
Administrative Law, Immigration Law 
Under the Immigrant Investor Law, retroactive application of new rules adopted by 1998 precedent decisions to immigrant investors' I-829 petition is...
04/29/2003 01-56266/56379
OSTAD v. OREGON HEALTH SCIENCES UNIV.
United States Ninth Circuit
Civil Rights, Constitutional Law, Health Law, Labor & Employment Law 
In a former hospital resident's claims that termination from a residency program was in retaliation for questioning of a doctor's billing practices,...
04/28/2003 00-36060

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