United States Ninth Circuit - November 2003 Opinion Summaries

US v. TORF

Civil Procedure, Criminal Law & Procedure, Environmental Law
The district court's order denying the motion to quash and holding defendant in contempt is reversed where the documents are protected by the work...

BRODIT v. CAMBRA

Criminal Law & Procedure, Habeas Corpus
The district court's denial of habeas relief is affirmed where it did not err in finding that petitioner's right to due process had not been violated...

LOPEZ-URENDA v. ASHCROFT

Immigration Law
The filing of an asylum application before the Illegal Immigration Reform and Immigrant Responsibility Act's passage, rather than during the six-month...

JEBIAN v. HEWLETT-PACKARD CO. EMPLOYEE BENEFITS ORG. INCOME PROT. PLAN

ERISA, Labor & Employment Law
In light of the Supreme Court's ruling in Black & Decker Disability Plan v. Nord, 123 S.Ct. 1965, 1969 (2003), the district court need not...

US v. BARRAGAN-ESPINOZA

Criminal Law & Procedure, Sentencing
Drug related convictions and sentence are affirmed over defendant's claims the district court 1) violated FRCP 11 at the plea colloquy, and 2)...

RABKIN v. OREGON HEALTH SCIENCES

Civil Procedure, Constitutional Law, Labor & Employment Law
Defendant's denied motion to reduce a jury verdict under the Oregon Tort Claims Act is reversed, as an award under Oregon's Whistleblower Law is...

EEOC v. PAC. MAR. ASS'N

Labor & Employment Law
In a sexual harassment case, brought by the EEOC on behalf of intervenor, there was no legally sufficient basis for the jury to find a connection with...

MURPHY v. SCHNEIDER NAT'L INC.

Civil Procedure, Injury & Tort Law
In an employment injury action, the district court's ruling on the validity of the forum selection clause and defendant's motion to dismiss based on...

LOLLI v. COUNTY OF ORANGE

Civil Procedure, Civil Rights
Plaintiff's appeal of the trial court's summary judgment decision against him is reversed in part and affirmed in part as there are genuine issues of...

BELMONTES v. WOODFORD

Criminal Law & Procedure, Habeas Corpus
Denial of habeas writ is reversed and remanded to issue a writ vacating the death sentence as the jury was not instructed that it must consider...