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United States Ninth Circuit - July 2006 Opinion Summaries

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Description Date Docket #

Elwood v. Drescher

United States Ninth Circuit
Attorney's Fees, Civil Procedure, Civil Rights, Family Law
An award of attorney's fees for defendants under 42 U.S.C. section 1988, following dismissal of plaintiff's civil rights suit involving a custody...
07/28/2006 04-55635

US v. Lence

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
A criminal defendant has a right to be resentenced by his original sentencing judge on remand following Booker error.
07/27/2006 05-30236

Lively v. Wild Oats Markets, Inc.

United States Ninth Circuit
Civil Procedure, Injury & Tort Law
The forum defendant rule contained in 28 U.S.C. section 1441(b) is procedural, not jurisdictional, and therefore a violation of the rule is a waivable...
07/27/2006 04-56682

Pickern v. Pier 1 Imports (U.S.), Inc.

United States Ninth Circuit
Civil Procedure, Civil Rights, Government Law, Health Law, Landlord Tenant Law, Property Law & Real Estate
Summary judgment for defendants, a retail store operator and landlord, on a claim brought by a visually-impaired and mobility-impaired woman under the...
07/26/2006 04-17118

King v. Lamarque

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Simply contesting the adequacy of a state rule is sufficient to meet the petitioner's burden under Bennett v. Mueller, 322 F.3d 573 (9th Cir. 2003) if...
07/26/2006 05-15757

Widmark v. Barnhart

United States Ninth Circuit
Administrative Law, Evidence, Government Benefits, Health Law, Labor & Employment Law
Denial of claims for disability benefits under the Social Security Act is reversed where an ALJ improperly rejected an examining physician's opinion...
07/26/2006 04-35952

N. Alaska Envtl. Ctr. v. Kempthorne

United States Ninth Circuit
Administrative Law, Environmental Law, Government Law, Oil and Gas Law
In environmental plaintiffs' challenge to the adequacy of the Final Environmental Impact Statement (FEIS) prepared by the Bureau of Land Management...
07/26/2006 05-35085

Stout v. Comm'r, Soc. Sec. Admin.

United States Ninth Circuit
Administrative Law, Evidence, Government Benefits, Health Law, Labor & Employment Law
In the context of social security claims, where an administrative law judge's (ALJ) errs in failing to properly discuss competent lay testimony...
07/25/2006 04-36006

Kepilino v. Gonzales

United States Ninth Circuit
Criminal Law & Procedure, Immigration Law
A petition for review of a decision finding petitioner inadmissible under section 212(a)(2)(D)(i) of the Immigration and Nationality Act (INA), which ...
07/25/2006 04-71926

Chuck v. Hewlett Packard Co.

United States Ninth Circuit
Administrative Law, Civil Procedure, ERISA, Elder Law, Labor & Employment Law
While a great deal of caution is necessary before finding a claim for benefits barred by ERISA's statute of limitations notwithstanding a plan's...
07/25/2006 04-36094

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