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United States Ninth Circuit - August 2005 Opinion Summaries

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Description Date Docket #
US v. Sanders
United States Ninth Circuit
Criminal Law & Procedure, Sentencing 
Defendant's sentence for bank robbery is vacated where it violated US v. Booker, 125 S.Ct. 738 (2005). 		08/31/2005 03-50471
US v. Strobehn
United States Ninth Circuit
Criminal Law & Procedure, Evidence 
Defendant's conviction for bank robbery with forced accompaniment is affirmed over his claim that the evidence was insufficient to prove the forced... 		08/31/2005 04-50167
Prasoprat v. Benov
United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus 
Denial of plaintiff's petition for a writ of habeas corpus is affirmed over his claim that the extradition court should have denied his extradition on... 		08/31/2005 03-57253
Fowler v. Sacramento County
United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus 
Denial of plaintiff's petition for a writ of habeas corpus is reversed where he was improperly precluded from cross-examining his accuser in violation... 		08/31/2005 04-15885
Arakaki v. Apoliona
United States Ninth Circuit
Administrative Law, Constitutional Law, Government Law, Tax Law 
A challenge to the appropriation of tax revenue to the Office of Hawaiian Affairs does not raise a nonjusticiable political question. 		08/31/2005 04-15306
Abatie v. Alta Heath & Life Ins. Co.
United States Ninth Circuit
ERISA, Insurance Law, Labor & Employment Law 
Defendant-insurance company did not abuse its discretion in denying plaintiff's claim for life insurance benefits for the death of her husband. 		08/31/2005 03-55601
M2 Software, Inc. v. Madacy Entm't.
United States Ninth Circuit
Intellectual Property, Trademark 
In a trademark infringement dispute, a jury verdict in favor of defendant is affirmed where plaintiff failed to demonstrate that the "M2... 		08/31/2005 03-55957
Posnanski v. Gibney
United States Ninth Circuit
Civil Procedure 
The 9th Circuit Court of Appeals may not review a transfer under 28 U.S.C. section 1404 by a district court outside of the 9th Circuit to a district... 		08/30/2005 03-16418, 03-17235
Beck v. Fort James Corp.
United States Ninth Circuit
Bankruptcy Law 
A party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer... 		08/30/2005 04-16443, 04-16547
Arizona Cartridge v. Lexmark Int'l Inc.
United States Ninth Circuit
Consumer Protection Law, Contracts, False Advertising, Intellectual Property, Patent 
The district court properly found that plaintiff has offered no evidence that defendant's advertisements constitute deceptive or unfair business... 		08/30/2005 03-16987

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