United States Ninth Circuit - March 2005 Opinion Summaries

US v. Gunning

Criminal Law & Procedure, Sentencing
Defendant's sentence for a wire fraud conviction is vacated and remanded where he was improperly denied allocution at sentencing.

Chamberlan v. Ford Motor Co.

Civil Procedure, Class Actions

Burlington N. v. USDC-MT

Civil Procedure, Environmental Law, Evidence
In an action alleging intentional dumping of toxic materials, the district court did not err in ordering plaintiff to produce documents as to which it...

Insyxiengmay v. Morgan

Criminal Law & Procedure, Habeas Corpus
Dismissal of plaintiff's habeas petition is reversed where the district court incorrectly dismissed his claims on the ground that they were...

Watec Co. v. Liu

Commercial Law, Contracts, Intellectual Property, Trademark
In a contract dispute, a jury verdict in favor of plaintiff is affirmed where there is substantial evidence to support the jury's findings that an...

Kalal v. Gonzales

Immigration Law
Plaintiff's petition for review is denied where she entered the United States on a K-1 visa and failed to abide by its restrictions.

Taylor v. Westly

Constitutional Law, Securities Law
The Eleventh Amendment does not bar the claims of persons who want to get back stock that was escheated to the state.

McNeil v. Middleton

Criminal Law & Procedure, Habeas Corpus
Defendant's due process right to present a complete defense was not violated when the trial court incorrectly instructed the jury that the evidence of...

Cummings v. Connell

Civil Rights, Class Actions, Constitutional Law
When nominal damages are awarded in a civil rights class action, every member of the class whose constitutional rights were violated is entitled to...

Arc of Washington v. Braddock

Government Law, Health Law
Title II of the Americans with Disabilities Act allows states to restrict the number of people who can participate in the special Home and...