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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

US v. ROBLES-RODRIGUEZ

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
A state drug conviction, for which the maximum sentence is probation, cannot be an "aggravated felony" which triggers a sentence enhancement under...
02/14/2002 01-10193

US v. VARELA-RIVERA

United States Ninth Circuit
Criminal Law & Procedure
Because of the erroneous admission of expert testimony on the structure, organization and modus operandi of drug trafficking enterprises and of the...
02/12/2002 99-10575

TAYLOR v. DELATOORE

United States Ninth Circuit
Criminal Law & Procedure
Although the initial fee requirement in the Prison Litigation Reform Act does not violate defendant's right of meaningful access to the courts or...
02/12/2002 00-55213

HANSON v. MED. BD. OF CALIFORNIA

United States Ninth Circuit
Civil Rights, Injury & Tort Law
District court's dismissal of pro se plaintiff's disability discrimination complaint, based on Title II of the ADA, was reversed and remanded because...
02/12/2002 00-55784, 00-55980

UNITED DAIRYMEN OF ARIZONA v. VENEMAN

United States Ninth Circuit
Agriculture
Because administrative forums exist to challenge the Department of Agriculture's actions, plaintiffs are precluded by the Agriculture Marketing...
02/12/2002 00-16213

FIRESTONE v. S. CALIFORNIA GAS CO.

United States Ninth Circuit
Labor & Employment Law
In a disagreement over the "regular rate" of pay in a state law overtime claim, petition for rehearing and petition en banc were denied because the...
02/12/2002 98-56468

TURNER v. CALDERON

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
In a habeas appeal, because district court failed to grant a hearing to review capital defendant's past mitigating evidence, which could have altered...
02/12/2002 99-99019

WYATT v. TERHUNE

United States Ninth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
In an appeal of summary judgment in favor of prison, because the district court did not meet the requirements of the fair notice doctrine with respect...
02/12/2002 00-16568

US v. SHELL OIL CO.

United States Ninth Circuit
Environmental Law, Oil and Gas Law
In suit for allocation of super-fund clean-up costs, the government was not liable for non-benzol costs as an "arranger," under CERCLA, 42 U.S.C....
02/11/2002 00-55027

BRANCO v. UFCW - N. CALIFORNIA EMPLOYERS JOINT PENSION PLAN

United States Ninth Circuit
ERISA
ERISA preempts a state law that allows a predeceased spouse's interest in her ex-husband's pension plan to pass to her heirs.
02/11/2002 00-15884

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