United States Ninth Circuit - Opinion Summaries

WEBB v. ADA COUNTY

Attorney's Fees, Civil Rights, Class Actions
Class action attorney fees were compensable under the Prison Litigation Reform Act, however, the amount set by the district court was vacated because...

KARL STORZ ENDOSCOPY-AMERICA, INC. v. SURGICAL TECH., INC.

Antitrust & Trade Regulation, Intellectual Property
Medical instrument manufacturer presented a triable issue of fact as to whether defendants, who refurbished the instruments and left plaintiff's mark...

DIAMOND v. KOLCUM

Bankruptcy Law
Defendants are entitled to a declaration of dischargeability under 11 U.S.C. section 532(a)(2)(A) and (a)(6) because the state court judgment to which...

SEA-LAND SERV., INC. v. LOZEN INT'L, LLC

Admiralty, Contracts, International Trade
Because the terms on plaintiff's international bills of lading control the parties' agreement, the Carriage of Goods by Sea Act (COGSA) applies to...

US v. PARKS

Criminal Law & Procedure, Sentencing
Where there was overwhelming evidence that defendant committed bank robbery, the erroneous admission of a partially-redacted statement from a...

US v. MARISCAL

Criminal Law & Procedure, Immigration Law
Where objective facts in the record demonstrate that no officer could have a reasonable suspicion that the driver of a vehicle had violated a traffic...

SAN FRANCISCO NAACP v. SAN FRANCISCO UNIFIED SCH. DIST.

Attorney's Fees, Civil Rights, Constitutional Law
A civil rights plaintiff, based solely on its status as a prevailing party in an original action, may be eligible to recover attorney's fees under 42...

NEHMER v. VETERANS' ADMIN. OF THE US

Class Actions, Government Benefits, Military Law
The VA is required to provide retroactive benefits to any class member who submitted a claim after May 3, 1989, based on disease that is service...

CITY OF PASADENA v. MINETA

Constitutional Law, Government Law
The State of California is not barred from invoking its sovereign immunity in federal court even if it waived this immunity in a predecessor lawsuit.

TAYLOR v. SAWYER

Criminal Law & Procedure, Habeas Corpus
A policy statement relied on by the Bureau of Prisons (BOP) is not inconsistent with federal law, and the BOP's decision not to grant nunc pro tunc...