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United States Ninth Circuit - July 2009 Opinion Summaries

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Description Date Docket #
US v. Higuera-Llamos
United States Ninth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing 
Defendant's conviction and sentence for illegal reentry following deportation are affirmed, where: 1) the district court properly admitted a prior...
07/31/2009 07-10602
US v. Mincoff
United States Ninth Circuit
Criminal Law & Procedure 
Defendant's drug distribution conviction is affirmed where: 1) a rational trier of fact could have found the buyer-seller rule inapplicable; 2)...
07/31/2009 08-50058
US v. Berger
United States Ninth Circuit
Asset Forfeiture, Criminal Law & Procedure, Family Law, Sentencing 
In a loan fraud prosecution, denial of appellant's motion seeking a share of the proceeds of a transaction made by defendant, her husband, is affirmed...
07/31/2009 08-50415
Sanchez v. Canales
United States Ninth Circuit
Civil Rights, Criminal Law & Procedure 
In a 42 U.S.C. section 1983 action claiming that plaintiffs were unlawfully detained during defendant-officers' search of their home, district court's...
07/30/2009 06-55584
Aloe Vera of Am., Inc. v. US
United States Ninth Circuit
Civil Procedure, Injury & Tort Law, Tax Law 
In an action under 26 U.S.C. section 7431(a) claiming that the IRS disclosed false tax information regarding plaintiffs in violation of 26 U.S.C....
07/30/2009 07-15577
Marcus v. Holder
United States Ninth Circuit
Elections, Government Law 
In an action seeking a declaration that the Attorney General's investigation of plaintiff regarding alleged campaign finance violations was...
07/30/2009 08-15643
Dupree v. Holman Prof'l. Counseling Ctrs.
United States Ninth Circuit
ERISA, Health Law 
In an ERISA action for health benefits, judgment for defendant is affirmed where plaintiff's stay at a residential treatment center that had no...
07/29/2009 07-55617
Desai v. Deutsche Bank Secs. Ltd.
United States Ninth Circuit
Class Actions, Securities Law 
In a securities fraud class action, denial of plaintiffs' motion for class certification is affirmed where no authority supported plaintiffs' proposed...
07/29/2009 08-55081
Moore v. Czerniak
United States Ninth Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus 
In a murder prosecution, denial of petitioner's habeas petition is reversed where defense counsel's failure to move to suppress petitioner's...
07/28/2009 04-15713
Boucher v. Shaw
United States Ninth Circuit
Bankruptcy Law, Labor & Employment Law 
In an action for unpaid wages, the dismissal of the complaint is reversed, where individual managers may constitute "employers" under the Fair Labor...
07/27/2009 05-15454

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