United States Ninth Circuit - May 2005 Opinion Summaries

Ross-Simmons Hardwood Lumber Co. v. Weyerhaeuser Co.

Antitrust & Trade Regulation
In an antitrust suit concerning hardwood lumber, judgment in favor of plaintiff is affirmed where substantial evidence supports the jury's finding of...

US v. Quaempts

Constitutional Law, Criminal Law & Procedure, Evidence
A defendant who knowingly opens the door to his home, while remaining in bed, does not waive any expectation of privacy in his house.

Gatti v. Reliance Standard Life Ins. Co.

Insurance Law, Labor & Employment Law
In a suit for long-term disability benefits, judgment in favor of plaintiff is reversed where the district court erred in applying de novo review to...

US v. Wyatt

Constitutional Law, Criminal Law & Procedure, Environmental Law, Government Law
18 U.S.C. section 1864(a), which prohibits the use of hazardous devices on federal land to obstruct the harvesting of timber, is not...

Kukje Hwajae Ins. Co. v. M/V Hyundai Liberty

Admiralty, Civil Procedure, Contracts
In a suit concerning a damaged sea vessel, the forum-selection clause of the bill of lading should have been enforced at the outset of the litigation...

Zhang v. Gonzales

Immigration Law
A child of a parent who was forcibly sterilized is not automatically eligible for asylum under 8 U.S.C. section 1101(a)(42)(B).

US v. Arevalo

Criminal Law & Procedure, Sentencing
Defendant's appeal of his drug conviction and sentence is dismissed for lack of jurisdiction where he failed to timely re-file his notice of appeal.

US v. Cassel

Constitutional Law, Criminal Law & Procedure
The First Amendment does not permit the government to punish a threat without proving that it was made with the intent to threaten the victim.

Indus. Customers v. Bonneville Power Admin.

Administrative Law, Public Utilities
The Bonneville Power Administration's determination to commence a rate hearing to decide whether it should impose Safety-Net Cost Recovery Adjustment...

Lara-Cazares v. Gonzales

Criminal Law & Procedure, Immigration Law
For removal purposes, gross vehicular manslaughter while intoxicated does not qualify as a crime of violence within the meaning of 18 U.S.C. section...