United States Ninth Circuit - August 2005 Opinion Summaries

M2 Software, Inc. v. Madacy Entm't.

Intellectual Property, Trademark
In a trademark infringement dispute, a jury verdict in favor of defendant is affirmed where plaintiff failed to demonstrate that the "M2...

Arakaki v. Apoliona

Administrative Law, Constitutional Law, Government Law, Tax Law
A challenge to the appropriation of tax revenue to the Office of Hawaiian Affairs does not raise a nonjusticiable political question.

Fowler v. Sacramento County

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is reversed where he was improperly precluded from cross-examining his accuser in violation...

Abatie v. Alta Heath & Life Ins. Co.

ERISA, Insurance Law, Labor & Employment Law
Defendant-insurance company did not abuse its discretion in denying plaintiff's claim for life insurance benefits for the death of her husband.

Prasoprat v. Benov

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is affirmed over his claim that the extradition court should have denied his extradition on...

US v. Strobehn

Criminal Law & Procedure, Evidence
Defendant's conviction for bank robbery with forced accompaniment is affirmed over his claim that the evidence was insufficient to prove the forced...

US v. Sanders

Criminal Law & Procedure, Sentencing
Defendant's sentence for bank robbery is vacated where it violated US v. Booker, 125 S.Ct. 738 (2005).

Arizona Cartridge v. Lexmark Int'l Inc.

Consumer Protection Law, Contracts, False Advertising, Intellectual Property, Patent
The district court properly found that plaintiff has offered no evidence that defendant's advertisements constitute deceptive or unfair business...

Beck v. Fort James Corp.

Bankruptcy Law
A party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer...

Posnanski v. Gibney

Civil Procedure
The 9th Circuit Court of Appeals may not review a transfer under 28 U.S.C. section 1404 by a district court outside of the 9th Circuit to a district...