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United States Ninth Circuit - July 2003 Opinion Summaries

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VALLEY OUTDOOR, INC. v. COUNTY OF RIVERSIDE

United States Ninth Circuit
Commercial Law, Constitutional Law
In a challenge by billboard companies to a county's sign ordinance, unconstitutional aspects of a grandfather clause are severable, and...
07/31/2003 02-55475

WESTLANDS WATER DIST. v. US

United States Ninth Circuit
Contracts, Water Law
Subjecting intervenor-contractors to a pro-rata water allocation along with Water Districts ignores the contractors' priority to project water under a...
07/31/2003 01-16987

US v. ROMERO-BUSTAMENTE

United States Ninth Circuit
Criminal Law & Procedure, Immigration Law
A search of defendant's backyard was not authorized under 8 U.S.C. section 1357(a)(3), giving Border Patrol agents power to access certain...
07/31/2003 02-10414

MS. S. v. VASHON ISLAND SCH. DIST.

United States Ninth Circuit
Civil Rights, Education Law
A school district's efforts to serve a disabled child's educational interests complied with the substantive and procedural requirements of the...
07/31/2003 99-36243

BARTHOLOMEW v. CROWLEY MARINE SERVS., INC.

United States Ninth Circuit
Admiralty
In apportioning a salvage award, the district court should have considered whether the owner of the salving vessel was entitled to part of the award...
07/30/2003 02-35364

BROWN v. CITY OF TUCSON

United States Ninth Circuit
Civil Rights, Labor & Employment Law
A city police department did not retaliate against a detective in violation of the ADA by instituting an investigation into an assault and suspending...
07/30/2003 01-16938

ROJAS-GARCIA v. ASHCROFT

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
A deportable alien's notice of appeal did not state grounds for appeal with sufficient particularity to avoid summary dismissal, and section...
07/29/2003 02-35788

S.D. MYERS, INC. v. CITY & COUNTY OF SAN FRANCISCO

United States Ninth Circuit
Family Law, Government Contracts, Government Law, Labor & Employment Law
A city's "Non-Discrimination in Contracts" ordinance, requiring city contractors to provide equal benefits to their employees regardless of marital or...
07/29/2003 02-16480

HORPHAG RESEARCH LTD. v. PELLEGRINI

United States Ninth Circuit
Attorney's Fees, Cyberspace Law, Intellectual Property, Trademark
Defendant was not entitled to a nominative fair use defense for use of plaintiff's trademarked name on a website, but a dilution claim is remanded for...
07/29/2003 01-56733, 02-55142

MORALES v. WOODFORD

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Instructional error regarding the torture special circumstance under California law did not have a substantial injurious effect on the jury verdict,...
07/28/2003 99-99020

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