United States Ninth Circuit - Opinion Summaries

GUI v. IMMIGRATION AND NATURALIZATION SERV.

Immigration Law
Although appellant is eligible for asylum, the Board of Immigration Appeals did not err by dismissing his motion to reopen his proceeding for...

COMMONWEALTH OF THE N. MARIANA ISLANDS v. US

Property Law & Real Estate
Although the Commonwealth of the Northern Mariana Islands (CNMI) is not a "State" under the Quiet Title Act (QTA), the Covenant to Establish a CNMI,...

US v. PIERRE Y.

Juvenile Law
Because Native American juvenile committed a "violation of the laws of the United States," the district court properly exercised jurisdiction pursuant...

BRODY v. TRANSITIONAL HOSPS. CORP.

Securities Law
Because appellants did not meet the contemporaneous trading requirements necessary to have standing in their asserted insider trading claims, and...

YU v. ALBANY INS. CO.

Admiralty, Insurance Law
Grant of summary judgment in favor of insurance company affirmed where vessel owner failed to comply with policy's "Captain Warranty" clause, which...

BROWN v. MAYLE

Constitutional Law, Criminal Law & Procedure
Sentences of 25 years to life for defendants' petty theft offenses violate the Eighth Amendment's prohibition against cruel and unusual punishment,...

INLAND BOATMENS UNION OF THE PACIFIC v. DUTRA GROUP

Dispute Resolution & Arbitration, Labor & Employment Law
Because the parties' dispute over a settlement agreement was arbitrable under the terms of their collective bargaining agreement, the district court's...

DELA CRUZ v. KAUAI COUNTY

Constitutional Law, Criminal Law & Procedure
Because prosecutor was entitled to qualified immunity, defendant's 42 U.S.C. Section 1983 action, which claimed that the prosecutor violated his...

US v. GILL

Criminal Law & Procedure, Sentencing
In sentencing defendant convicted of conspiracy to distribute PCP, the district court applied the incorrect standard of proof, and on remand for...

KELLY v. ARRIBA SOFT CORP.

Cyberspace Law, Intellectual Property, Copyright
The creation and use of "thumbnails," miniature versions of images, in a search engine falls within the fair use doctrine, however, the display of the...