United States Ninth Circuit - Opinion Summaries

DAVEY v. LOCKE

Constitutional Law, Education Law
A state of Washington law, denying otherwise-qualified students a state-funded scholarship solely because the students decide to pursue a degree in...

AKOPYAN v. BARNHART

Attorney's Fees, Civil Procedure, Government Benefits
A "sentence four remand" under 42 U.S.C. section 405(g), concerning decisions of the Commissioner of Social Security, constituted a final judgment for...

ARAGON v. REPUBLIC SILVER STATE DISPOSAL, INC.

Civil Rights, Labor & Employment Law
Though summary judgment for the employer in an employment discrimination case was improper at the "prima facie" stage, judgment is affirmed where a...

PAIGE v. CALIFORNIA

Civil Rights, Class Actions, Labor & Employment Law
In a class action alleging that the California Highway Patrol's (CHP) promotional process discriminates against non-whites, an internal pool is the...

US v. TIMMINS

Criminal Law & Procedure
Inquiry into a defendant's competency to stand trial and assist in his own defense was inadequate, thus convictions are reversed and remanded for...

SMITH v. DUNCAN

Criminal Law & Procedure, Habeas Corpus
In determining whether a federal habeas petition is timely, an appellate court may rely on the file stamped dates and mailing declarations on state...

SAN FRANCISCO BAYKEEPER v. WHITMAN

Environmental Law
California's alleged failings under the Clean Water Act did not trigger a duty on the part of the EPA to establish total maximum daily loads of...

AT&T CORP. v. COEUR D'ALENE TRIBE

Civil Procedure, Indian Law
Section 207 of the Federal Communications Act establishes exclusive jurisdiction in the FCC and federal district courts, thus, the Tribal Court lacked...

HALLETT v. MORGAN

Civil Rights, Class Actions, Constitutional Law, Health Law
Where plaintiff class of prisoners failed to give timely notice of intent to seek extension of all provisions of a consent decree governing care...

VIRK v. IMMIGRATION & NATURALIZATION SERV.

Family Law, Immigration Law
An alien's eligibility for a waiver of deportation did not depend upon his terminated relationship with his first wife in a sham marriage, but rather...