United States Ninth Circuit - Opinion Summaries

CMTY. DENTAL SERVS. v. TANI

Civil Procedure, Ethics & Professional Responsibility
Where a client has demonstrated gross negligence on the part of his counsel, he has shown "extraordinary circumstances" that warrant setting aside a...

SIRIPONGS v. DAVIS

Attorney's Fees, Criminal Law & Procedure
Because the trial court never found, and the government never conceded, that the defendant's rights were violated in connection with clemency...

HUBER, HUNT & NICHOLS, INC. v. UNITED ASSOC. OF JOURNEYMEN

Dispute Resolution & Arbitration, Labor & Employment Law
Where a union and general contractor each received opposing arbitration awards from two different arbitrators, the Local Committee (LC) and the...

MANCUSO v. OLIVAREZ

Criminal Law & Procedure, Habeas Corpus
A jury's consideration of extrinsic evidence that a habeas petitioner had a prior felony record was not unduly prejudicial to the issue of whether to...

IN RE: KRAMER

Ethics & Disciplinary Code, Ethics & Professional Responsibility
Where a federal court seeks to impose reciprocal discipline on a member of its bar based on discipline imposed on the attorney by another court or...

OSBAND v. WOODFORD

Criminal Law & Procedure
A magistrate's protective order, limiting the state's use of materials that ordinarily would have been subject to evidentiary privileges, and the...

US v. RODRIGUEZ

Criminal Law & Procedure, Sentencing
Under Apprendi, an instruction to the jury that it did not need to find the quantity of drugs was error, despite allegations of quantity in...

US v. BANKS

Criminal Law & Procedure
The delay of 15-20 seconds after a single knock and announcement before police forced entry was, without an affirmative denial of admission or other...

MIDWATER TRAWLERS COOP. v. DEP'T OF COMMERCE

Environmental Law, Indian Law
Because the specific allocation in 1999 to the Makah Tribe was inconsistent with scientific principles set forth in the Magnuson-Stevens Act (MSA),...

ORR v. BANK OF AMERICA

Banking Law, Evidence
Because the majority of evidence in the plaintiff's claim for intentional interference with business and existing contracts was inadmissible hearsay...