United States Ninth Circuit - Opinion Summaries

US v. MAROLF

Civil Procedure
Under the Equal Access to Justice Act, 28 USC 2412(d)(1), the determination of whether the government's actions were "substantially justified" is...

IN RE: LOS GATOS LODGE, INC.

Bankruptcy Law
A bankruptcy trustee may not surcharge a creditor for expenses in preserving a property under 11 USC 506(c) after the secured creditor's claim has...

CORJASSO v. AYERS

Criminal Law & Procedure, Habeas Corpus
Equitable tolling to one-year requirement under the AEDPA applies to a pro se petitioner whose petition was sent back for using the incorrect cover...

BROWN v. MCI WORLDCOM NETWORK SERVS., INC.

Communications Law
The filed rate doctrine does not apply to a claim that a phone company incorrectly charged a user for an extra account, since it does not challenge...

BAILEY v. SOUTHWEST GAS CO.

Labor & Employment Law
Under the FMLA, an employer may request from an employee information about an employee's specific medical condition and medication when the employee...

US v. LINCOLN

Criminal Law & Procedure
Under the Mandatory Victim Restitution Act, the Post Office may qualify as a "victim".

BARRIOS v. CALIFORNIA INTERSCHOLASTIC FED'N

Civil Rights
Under 42 USC 12205 of the Americans with Disabilities Act, a settlement agreement in plaintiff's favor that included monetary damages and an...

MONTERO-MARTINEZ v. ASHCROFT

Immigration Law
Under 8 USC 1252(a)(2)(B)(i), an appellate court has jurisdiction to review Board of Immigration Appeals decisions that do not involve the exercise of...

AM. FAMILY ASS'N, INC. v. CITY & COUNTY OF SAN FRANCISCO

Civil Rights, Constitutional Law
City resolution expressing disagreement with advertising campaign sponsored by religious groups that condemned homosexuality did not violate the...

REPUBLICAN PARTY OF GUAM v. GUTIERREZ

Civil Procedure, Government Law
Federal court does not have subject matter jurisdiction over a claim that Guam Public Law 25-146 is consistent with the Organic Act of Guam.