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United States Ninth Circuit - April 2008 Opinion Summaries

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Clark v. Time Warner Cable

United States Ninth Circuit
Administrative Law, Civil Procedure, Communications Law, Consumer Protection Law, Cyberspace Law, Injury & Tort Law
The doctrine of primary jurisdiction permits a district court to refer a claim raising a novel and technical question of federal telecommunications...
04/30/2008 07-55794

Delaware Valley Surgical Supply Inc. v. Johnson & Johnson

United States Ninth Circuit
Antitrust & Trade Regulation, Civil Procedure, Commercial Law, Contracts, Health Law
In an interlocutory appeal stemming from a disagreement between two different groups of plaintiffs about who has standing as a "direct purchaser" to...
04/30/2008 08-55105

Hernandez v. Mukasey

United States Ninth Circuit
Ethics & Professional Responsibility, Immigration Law
Knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in a removal proceeding. Petition for...
04/30/2008 04-72696

US v. Stoterau

United States Ninth Circuit
Criminal Law & Procedure, Evidence, Sentencing
Defendant's sentence for transporting child pornography is affirmed in part and vacated in part where: 1) the district court did not err in applying a...
04/29/2008 07-50124

Gregory v. County of Maui

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law
In an estate's 42 U.S.C. section 1983 suit involving claims of excessive force leading to the death of an individual, summary judgment for defendants...
04/29/2008 06-15374

Choe v. Torres

United States Ninth Circuit
Criminal Law & Procedure, Evidence, International Law
Denial of Korean citizen's habeas corpus petition challenging certification of his extradition to the Republic of Korea is affirmed in part as to a...
04/29/2008 06-56634

US v. Medina

United States Ninth Circuit
Criminal Law & Procedure
Dismissal, without prejudice, of defendant's indictment for drug-related offenses based on excessive pretrial delays is affirmed where: 1) although he...
04/29/2008 05-30477, 05-30482

Negrete v. Allianz Life Ins. Co. of N. Am.

United States Ninth Circuit
Civil Procedure, Class Actions, Contracts, Injury & Tort Law, Insurance Law, Remedies
In a class action lawsuit against an insurance corporation challenging the sale of its fixed deferred annuities, an order, which effectively prevents...
04/29/2008 07-55505

Alali-Amin v. Mukasey

United States Ninth Circuit
Immigration Law
Petition for review of a dismissal of Iranian native's appeal from an IJ's denial of a motion to reopen is denied where: 1) a January 31, 2000 ruling...
04/28/2008 06-75411

US v. Aguila-Montes

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
A sentence for attempting to reenter the U.S. following deportation is affirmed where: 1) under the modified categorical approach, defendant's prior...
04/28/2008 05-50170

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