United States Ninth Circuit - Opinion Summaries

US v. GOMEZ-GONZALEZ

Criminal Law & Procedure
18 USC 3583(e)(3), which allows for imprisonment upon a violation of supervised release based upon a preponderance of the evidence, does not violate...

PACKER v. HILL

Criminal Law & Procedure, Habeas Corpus
Judge's favorable comments during jury deliberation that jury was getting "closer" to a verdict is unduly coercive by implying that reaching that...

BANK OF CHINA v. HUANG

Bankruptcy Law
Settlement agreement where party agreed not to declare bankruptcy does not have collateral estoppel effect on a later bankruptcy petition for fraud...

DOI v. HALEKULANI CORP.

Civil Procedure, Contracts
A party may be bound by oral consent to a settlement agreement where the negotiation occurred in court and terms were stated in open court, even if...

US v. PATZER

Criminal Law & Procedure
Under Idaho Code 18-8004(5), an officer may not arrest a driver under the influence of a non-narcotic drug unless the driver's ability to drive safely...

ALLEN v. ALLEN

Bankruptcy Law, Family Law
Marital dissolution proceedings relating to spousal support are not subject to the automatic stay provisions of 11 USC 362(b)(2)(A)(ii).

MCNARMARA-BLAD v. ASSO'N OF PROF'L FLIGHT ATTENDANTS

Labor & Employment Law
Under the Railway Labor Act, a union for employees of purchasing company has no duty of fair representation to represent employees of the purchased...

ALFREY v. US

Injury & Tort Law
The discretionary function exception, under 28 USC 2680(a), to the Federal Tort Claims Act may not apply to a federal prison's failure to conduct a...

HEADWATERS FOREST DEF. v. BURTON

Civil Rights
Officers who used pepper spray against non-violent protesters, who linked themselves together with self-releasing lock down devices, are not entitled...

PETERSON v. LAMPERT

Criminal Law & Procedure, Habeas Corpus
A habeas petitioner's failure to present an issue in his petition for review to the Oregon Supreme Court procedurally defaults that issue, even if it...