United States Ninth Circuit - January 2002 Opinion Summaries

WILKINS v. US

Constitutional Law, Military Law
Plaintiff's constitutional claims for injunctive and declatory relief against the Navy not subject to the exhaustion requirement because the Feres...

GARDNER v. NIKE, INC.

Contracts, Intellectual Property, Copyright
Under the Copyright Act of 1976, a copyright licensee may not transfer its rights under an exclusive license without the consent of the original...

TROMPETER v. COMM'R INTERNAL REVENUE

Tax Law
Because the Tax Court did not sufficiently articulate the basis for its valuation of an estate's omitted assets, its upholding of an IRS deficiency...

US v. MARTIN

Criminal Law & Procedure, Ethics & Professional Responsibility
Where defendant's corporate counsel tipped the prosecution to defendant's criminal activity, the attorney-client privilege did not bar the inclusion...

BROWN v. ROE

Criminal Law & Procedure, Habeas Corpus
The district court abused its discretion in failing to hear an uneducated pro se petitioner's equitable tolling claim as a part of its de novo review...

US v. HILL

Criminal Law & Procedure
Prosecuting a wife for harboring her fugitive husband or for being an accessory after the fact to his crime is not unconstitutional if there is...

JAZZABI v. ALLSATATE INS. CO.

Insurance Law
In a suit over denial of fire insurance coverage, where the insurance company alleges as an affirmative defense that insured was responsible for the...

HARPER v. US SEAFOODS LP

Admiralty
In a question of first impression in the Ninth Circuit, admiralty statute, 46 U.S.C. Section 10601, requires the signature of the master of the vessel...

MATSON TERMINALS, INC. v. BERG

Labor & Employment Law
Because injury to employee's two knees are discrete injuries under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 908(f), the Benefits...

US v. MOLINA-TARAZON

Criminal Law & Procedure
Although the removal and dismantling of defendant's gas tank, which revealed marijuana, was not a routine part of a border search, the irregularity of...