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United States Ninth Circuit - November 2002 Opinion Summaries

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Description Date Docket #

LOPEZ v. WASHINGTON MUT. BANK, FA

United States Ninth Circuit
Banking Law, Government Benefits
A bank's practice, of using directly deposited Social Security and Supplemental Security Income benefits to cover overdrafts and overdraft fees, does...
11/27/2002 01-15303

LUNA v. CAMBRA

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Trial counsel's failure to interview and subpoena two alibi witnesses and one exonerating witness amounted to prejudicial ineffective assistance of...
11/27/2002 01-55841

US v. FRANCO-LOPEZ

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
The government breached a plea agreement, after defendant pled guilty to marijuana possession charges, by recommending against a "safety valve"...
11/27/2002 00-50422

DOAN v. IMMIGRATION & NATURALIZATION SERV.

United States Ninth Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
The requirement that a bond be posted upon a removable alien's release, after removal was not reasonably foreseeable, was not improper under 8 U.S.C....
11/27/2002 01-56784

FRANKLIN v. FOX

United States Ninth Circuit
Civil Rights, Constitutional Law
Detectives are entitled to qualified immunity to 42 U.S.C. section 1983 claims, alleging a conspiracy to arrest plaintiff without probable cause,...
11/27/2002 01-15052

CONESTOGA SERV. CORP. v. EXECUTIVE RISK INDEMNITY, INC.

United States Ninth Circuit
Contracts, Insurance Law, Professional Malpractice
Under California law, insurer had a duty to defend insurance brokerage in malpractice suit, under an errors-and-omissions policy, because the...
11/27/2002 01-16693

O'CONNOR v. BOEING N. AM., INC.

United States Ninth Circuit
Civil Procedure, Environmental Law, Health Law, Injury & Tort Law
The standard for claim discovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (and not California's...
11/27/2002 00-56141

US v. HACKETT

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
District court correctly applied 21 U.S.C. section 853(q)(3) ordering restitution for property damage caused by a fire that resulted from operation of...
11/26/2002 01-30360

US v. ORTEGA-BRITO

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Where a releasee was given actual notice of the conditions of his supervised release, a failure to provide written notice of those conditions will not...
11/26/2002 02-50114

STATON v. BOEING CO.

United States Ninth Circuit
Attorney's Fees, Civil Procedure, Civil Rights, Class Actions, Contracts, Labor & Employment Law
Parties to a class action may not include in a settlement agreement an amount of attorneys' fees measured as a percentage of an actual or putative...
11/26/2002 99-36086

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