United States Ninth Circuit - January 2008 Opinion Summaries

Silvas v. E*TRADE Mortgage Corp.

Banking Law, Civil Procedure, Class Actions, Consumer Protection Law, False Advertising, Property Law & Real Estate
In a class action suit brought against E*TRADE Mortgage, dismissal of the suit is affirmed where the district court properly dismissed the action...

Oberson v. US Dep't of Agric.

Administrative Law, Government Law, Injury & Tort Law
In plaintiffs' action against the government under the Federal Tort Claims Act (FTCA) alleging the Forest Service negligently failed to correct or...

Cornhusker Cas. Ins. Co. v. Kachman

Civil Procedure, Commercial Law, Contracts, Injury & Tort Law, Insurance Law
In an insurer's declaratory judgment action involving coverage for an accident that resulted in the death of defendant's wife, an appeal from summary...

Solis v. County of Los Angeles

Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Injury & Tort Law
In a pro se civil action brought by a former inmate at a jail alleging constitutional violations stemming from his transfer into the jail's "gang...

Costco Wholesale Corp. v. Maleng

Antitrust & Trade Regulation, Commercial Law, Constitutional Law, Government Law
In a suit brought by Costco alleging that certain restrictions imposed by the State of Washington on the sale of wine and beer are preempted by...

Hess v. Bd. of Parole & Post-Prison Supervision

Criminal Law & Procedure, Habeas Corpus, Health Law, Sentencing
Denial of a petition for habeas relief is affirmed over a claim that Oregon Revised Statute section 144.125(3) (1991), which allows the Parole Board...

US v. Banks

Criminal Law & Procedure
A conviction and sentence for violence in aid of a racketeering enterprise (VICAR), use of a firearm in a crime of violence, and possession of a...

Arizona Life Coalition Inc. v. Stanton

Constitutional Law, Government Law, Tax-exempt Organizations, Transportation
The Arizona License Plate Commission violated plaintiff's First Amendment right to free speech in denying its application for a special Arizona...

Local Joint Exec. Bd. of Las Vegas v. Nat'l Labor Relations Bd.

Administrative Law, Gaming Law, Labor & Employment Law
Unions' petition for review of an NLRB decision reversing an ALJ's conclusion that agents of Aladdin Gaming engaged in illegal surveillance in...

US v. Snipe

Criminal Law & Procedure, Evidence
For purposes of the exigent circumstances analysis, a two-pronged test is adopted that asks whether: 1) considering the totality of the circumstances,...