United States Ninth Circuit - January 2003 Opinion Summaries

US v. ANTOINE

Constitutional Law, Environmental Law, Indian Law
An Indian tribe member's conviction under the Bald and Golden Eagle Protection Act, 16 U.S.C. sections 668-668d, did not violate the Religious Freedom...

US v. MORENO-CISNEROS

Criminal Law & Procedure, Sentencing
Under U.S.S.G. section 2L1.2(b)(1) as amended Nov. 1, 2001, the length of a "sentence imposed" for a prior state conviction includes the prison...

VESS v. CIBA-GEIGY CORP. USA

Civil Procedure, Commercial Law, Consumer Protection Law, Drugs & Biotech, Health Law, Injury & Tort Law
FRCP 9(b)'s particularity requirement applies to state law cause of action in a diversity case, and where fraud is not an essential element of a...

ANTONIO-MARTINEZ v. IMMIGRATION & NATURALIZATION SERV.

Criminal Law & Procedure, Immigration Law
The fugitive disentitlement doctrine, allowing dismissal of a criminal defendant's appeal if he flees while the appeal is pending, applies to an alien...

SHAPIRO v. PARADISE VALLEY UNIFIED SCH. DIST. NO. 69

Civil Rights, Education Law
By failing to include a teacher and parents in an individualized education program meeting, a school district denied a deaf student a free appropriate...

RICHARD S. v. DEP'T OF DEVELOPMENTAL SERVS. OF THE STATE OF CALIFORNIA

Attorney's Fees, Civil Procedure, Civil Rights
ADA and Civil Rights Act plaintiffs who attained both a legally enforceable settlement agreement and a preliminary injunction were entitled to...

BANK OF LAKE TAHOE v. THE BANK OF AM.

Civil Procedure, Constitutional Law
The state of Nevada waived its Eleventh Amendment immunity from state law claims by joining in the removal of a case to federal court.

GENTRY v. ROE

Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus, Legal Malpractice
Trial counsel's election in closing argument, to ignore evidence in the record that would help his client, and to highlight detrimental record and...

BROTHER RECORDS, INC. v. JARDINE

Entertainment Law, Intellectual Property, Trademark
In a Lanham Act trademark infringement action, defendant used a mark in a secondary, trademark sense to denote a music band, thus the classic fair use...

DELANO FARMS CO. v. CALIFORNIA TABLE GRAPE COMM'N

Agriculture, Antitrust & Trade Regulation, Commercial Law, Constitutional Law
Under the First Amendment, grape growers could not constitutionally be compelled by state law to pay money for the generic advertising of grapes.