United States Ninth Circuit - June 2007 Opinion Summaries

Hansen Beverage Co. v. Nat'l Beverage Corp.

Civil Procedure, Intellectual Property, Trade Dress, Trademark
Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy...

In re: Am. Wagering, Inc.

Bankruptcy Law, Corporation & Enterprise Law, Debt Collection, Gaming Law
In bankruptcy proceedings involving a claim against a bankrupt corporation by a former business consultant to bankruptcy debtors, a court of appeals...

Peru v. Sharpshooter Spectrum Venture LLC

Admiralty, Health Law, Labor & Employment Law, Workers' Compensation
In determining whether the section 902(3)(B) exclusion to benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA) applies, a court...

Andrews v. Cervantes

Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law, Injury & Tort Law
In an action alleging, inter alia, a cause of action under 42 U.S.C. section 1983 for cruel and unusual punishment premised on the danger of...

Walton v. US Marshals Serv.

Administrative Law, Civil Rights, Health Law, Labor & Employment Law
In a suit against the U.S. Marshals Service under the Rehabilitation Act of 1973 alleging plaintiff was unlawfully discharged due to her hearing...

Beltran v. Santa Clara County

Civil Rights, Constitutional Law, Family Law, Government Law, Juvenile Law
Social workers are entitled to absolute immunity for verified statements in petitions filed with a dependency court, both with respect to dependency...

Singh v. Gonzales

Civil Procedure, Habeas Corpus, Immigration Law
A habeas petition is "pending" in the district court within the meaning of the REAL ID Act's (RIDA) transfer provision when the notice of appeal was...

Nitco Holding Corp. v. Boujikian

Civil Procedure, Contracts, Evidence, Injury & Tort Law, Property Law & Real Estate
A party procedurally defaults a civil appeal, based on alleged insufficiency of the evidence to support the verdict, if it fails to file a...

US v. Norbury

Criminal Law & Procedure, Evidence, Sentencing
A conviction and sentence for four methamphetamine-related counts is affirmed where: 1) sufficient evidence supported the conviction; and 2) for...

Caliber One Indem. Co. v. Wade Cook Fin. Corp.

Commercial Law, Contracts, Insurance Law, Property Law & Real Estate
In a case arising from a commercial property insurance policy plaintiff issued to defendant, summary judgment finding that the contract between the...