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United States Ninth Circuit - February 2004 Opinion Summaries

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CHICKALOON-MOOSE CREEK NATIVE ASS'N, INC. v. NORTON

United States Ninth Circuit
Indian Law, Property Law & Real Estate
Under the unambiguous terms of the 1976 Deficiency Agreement between the Department of the Interior and an Alaska Native corporation, pursuant to...
02/26/2004 01-35921

KOUGASIAN v. TMSL, INC.

United States Ninth Circuit
Civil Procedure, Injury & Tort Law
The Rooker-Feldman doctrine does not bar subject matter jurisdiction when a federal plaintiff alleges a cause of action for extrinsic fraud on a state...
02/26/2004 02-56781

S. CALIFORNIA PAINTERS & ALLIED TRADE DIST. COUNCIL NO. 36 v. BEST INTERIORS, INC.

United States Ninth Circuit
Contracts, Labor & Employment Law
The district court erred as a matter of law in dismissing plaintiff's case on the ground that 29 U.S.C. section 158(f) does not permit parties to...
02/25/2004 02-55028

POWERAGENT INC. v. ELEC. DATA SYS. CORP.

United States Ninth Circuit
Contracts, Dispute Resolution & Arbitration
Plaintiff, dissatisfied with the answer to the question it insisted the arbitrators could and should decide, cannot now ask the court to determine...
02/25/2004 02-17022

US v. CLOUGH

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Being shot by law enforcement personnel can theoretically constitute punishment and thus justify a downward departure. Defendant's federal conviction...
02/25/2004 02-30316

US v. ALVAREZ

United States Ninth Circuit
Criminal Law & Procedure, Evidence
Where a district court fails to conduct an in camera review of the probation files of significant witnesses pursuant to a timely defense request for...
02/25/2004 01-10686, 02-10260

ALSEA VALLEY ALLIANCE v. OREGON NATURAL RES. COUNCIL

United States Ninth Circuit
Civil Procedure, Environmental Law
Two appeals in a case concerning the listing of Coho Salmon under the Endangered Species Act are dismissed for lack of jurisdiction. Neither the...
02/24/2004 01-36071

SILVA-CALDERON v. ASHCROFT

United States Ninth Circuit
Administrative Law, Immigration Law
Any alleged due process error correctable by the BIA is not reviewable on appeal if remedies were not exhausted in the agency's tribunal. Plaintiff's...
02/23/2004 02-73474

US v. RODRIGUEZ

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing
Defendant, convicted under the Hobbs Act of conspiring to interfere with commerce by robbery, raises meritless challenges to his conviction and...
02/23/2004 03-50083

UNITED INVESTORS LIFE INS. CO. v. WADDELL & REED INC.

United States Ninth Circuit
Civil Procedure, Class Actions, Insurance Law, Securities Law
Because the district court remanded this state-law securities action to state court on a perceived lack of subject matter jurisdiction, 28 U.S.C....
02/23/2004 02-56278

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