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United States Ninth Circuit - January 2004 Opinion Summaries

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Description Date Docket #

LUONG v. CIRCUIT CITY STORES, INC.

United States Ninth Circuit
Civil Procedure, Dispute Resolution & Arbitration, Labor & Employment Law
For purposes of establishing diversity jurisdiction to hear a petition to vacate an arbitration award pursuant to section 10 of the Federal...
01/30/2004 02-56522

US v. MAGINNIS

United States Ninth Circuit
Tax Law, Gaming Law
Lump sum consideration for the assignment of the right to future lottery payments constituted ordinary income, not a capital gain. Summary judgment...
01/30/2004 02-35664

GUERRERO v. GATES

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure
Plaintiff's section 1983 claims of wrongful arrest, malicious prosecution and conspiracy would necessarily imply the invalidity of his two narcotics...
01/29/2004 02-56017

LI v. ASHCROFT

United States Ninth Circuit
Immigration Law
An asylum-seeker who announced her opposition to China's population control policies and was thereafter subjected to a forced gynecological exam and...
01/29/2004 00-70157

DUNMORE v. US

United States Ninth Circuit
Bankruptcy Law, Civil Procedure, Tax Law
Plaintiff's tax refund claims are "non-core" proceedings under the Bankruptcy Code, despite the offset claim asserted by the IRS; the bankruptcy court...
01/29/2004 02-15789

SMITH v. CITY OF HEMET

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure
An allegation that excessive force was used in making an arrest is incompatible with a California Penal Code section 148 conviction. Accordingly,...
01/29/2004 02-56445

ROE v. CITY OF SAN DIEGO

United States Ninth Circuit
Constitutional Law, Labor & Employment Law
Any speech by a public employee is protected as a matter of public concern from an adverse employment decision so long as it does not fall within an...
01/29/2004 02-55164

US v. TERRY-CRESPO

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
The district court properly denied defendant's motion to suppress; the victim's 911 call bore sufficient indicia of reliability to justify the...
01/29/2004 03-30085

ZURICH AM. INS. CO. v. WHITTIER PROPS. INC.

United States Ninth Circuit
Environmental Law, Insurance Law, Oil and Gas Law
EPA regulations provide for the exclusive remedy of prospective cancellation of an Underground Storage Tank insurance policy in the event of an...
01/29/2004 02-36101

US v. CHRISTIAN

United States Ninth Circuit
Criminal Law & Procedure
Police are not precluded from demanding a suspect's identification during an investigatory stop so long as the request is reasonably related to the...
01/28/2004 02-30185

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