United States Ninth Circuit - Opinion Summaries

SILVA v. WOODFORD

Criminal Law & Procedure, Habeas Corpus, Ethics & Professional Responsibility
Defense attorney's abandonment of an investigation into defendant's familial history and psychiatric background was not a tactical decision, and...

US CELLULAR INVESTMENT CO. OF LOS ANGELES v. GTE MOBILNET, INC.

Communications Law, Contracts, Corporation & Enterprise Law
If the plain language of a partnership agreement's anti-transfer provisions clearly does not restrict the legitimate sale of the stock of a corporate...

PEREZ-ARELLANO v. SMITH

Attorney's Fees, Immigration Law
A "prevailing party" under the Equal Access to Justice Act must be one who gained by judgment or consent decree a material alteration of the legal...

WHITE v. KLITZKIE

Criminal Law & Procedure, Habeas Corpus
A prisoner is not entitled to statutory tolling under the AEDPA for time during which he could have filed a petition for writ of certiorari with the...

B.K.B. v. MAUI POLICE DEP'T

Civil Rights, Labor & Employment Law
Filling out a pre-complaint questionnaire with the EEOC, alleging both racial and sexual harassment, is sufficient to exhaust both types of harassment...

CARO v. WOODFORD

Criminal Law & Procedure, Sentencing, Habeas Corpus, Ethics & Professional Responsibility
Defense counsel's failure to investigate and present evidence that defendant suffered from brain damage, due to his exposure to neurotoxicants and...

SOVAK v. CHIGAI PHARMACEUTICAL CO.

Contracts, Dispute Resolution & Arbitration, Health Law
When an underlying Stock Redemption Agreement contains only a general state choice-of-law, federal law governs the right to compel arbitration, while...

US v. LUALEMAGA

Criminal Law & Procedure
Although the government's failure to notify a prisoner of his eligibility under the Interstate Agreement on Detainers Act is a significant violation...

US v. ALPINE LAND & RESERVOIR CO.

Indian Law, Property Law & Real Estate, Public Utilities
In a case involving the transfer of water rights and an Indian reservation, the district court's general equitable exemption of intrafarm transfers...

NATURAL RESOURCES DEF. COUNCIL v. US ENVTL. PROT. AGENCY

Environmental Law
Because the EPA failed to provide adequate notice and opportunity for comment prior to issuing final general permits, which authorized operators of...