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United States Ninth Circuit - December 2001 Opinion Summaries

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Description Date Docket #

BRADLEY v. HARRIS RESEARCH, INC.

United States Ninth Circuit
Dispute Resolution & Arbitration
The Federal Arbitration Act (FAA) preempts Cal Bus. & Prof. Code sec. 20040.5, a statute which compells arbitration in California, rather than a...
12/28/2001 00-16021

JIMINEZ v. RICE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A prisoner must first exhaust all state claims before filing a petition for habeus corpus in federal district court.
12/28/2001 99-15574

BREWSTER v. SHASTA COUNTY

United States Ninth Circuit
Constitutional Law
When investigating a crime, a county sheriff's department acts on behalf of the county, not the state, and therefore the county is subject to...
12/28/2001 01-15118

SPREWELL v. GOLDEN SATE WARRIORS

United States Ninth Circuit
Dispute Resolution & Arbitration, Labor & Employment Law, Sports Law
In order for a collective bargaining agreement (CBA) to waive an employee's state claims against his employers, the CBA must include clear and...
12/28/2001 99-15602, 99-17186

MURPHY v. HOOD

United States Ninth Circuit
Criminal Law & Procedure, Sentencing, Habeas Corpus
Equitable estoppel does not prohibit a prison from removing an inmate from a sentence-reducing prison drug program if he poses a flight risk.
12/27/2001 01-35140

EVERHART v. ALLMERICA LIFE INS. COMPANY

United States Ninth Circuit
ERISA, Insurance Law
Section 1132(a)(1)(B) of ERISA does not permit suits against a third-party insurer to recover benefits when the insurer is not functioning as the plan...
12/27/2001 99-17094

AHMED v. STATE OF WASHINGTON

United States Ninth Circuit
Civil Procedure
A plaintiff may not relitigate a First Amendment claim if facts that are necessary to the claim were "inextricably intertwined" with issues adversely...
12/27/2001 00-35660

US v. GALLAHER

United States Ninth Circuit
Civil Procedure
The Colville Indian Tribe Treaty, does not deprive a district court jurisdiction over a defendant charged with possession of ammunition.
12/26/2001 00-30068

LUCAS AUTOMOTIVE ENGINEERING v. BRIDGESTONE/FIRESTONE, INC.

United States Ninth Circuit
Antitrust & Trade Regulation
Under Section 7 of the Clayton Act, 15 U.S.C. Section 18, a relevant market and submarket must be defined in order to evaluate the competitive...
12/26/2001 99-56761

GARCEAU v. WOODFORD

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Sentencing, Habeas Corpus
A jury instruction that allows for consideration of a defendant's "other crimes" in order to draw the additional inference of criminal propensity...
12/26/2001 99-99022

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