United States Ninth Circuit - Opinion Summaries

NATHAN KIMMEL INC. v. DOWELANCO

Environmental Law, Injury & Tort Law
The Federal Insecticide, Fungicide and Rodenticide Act, preempts a state law claim that a pesticide maker intentionally and wrongfully changed the...

PATTON v. COX

Contracts
Under Arizona law, witnesses who voluntarily testify at quasi-judicial proceedings do not have immunity from a breach of contract claim arising from...

BLAIR v. CRAWFORD

Criminal Law & Procedure, Habeas Corpus
Under 28 USC 2244(d)(2), filing of an extraordinary writ with the Nevada Supreme Court will toll the statute of limitations under the AEDPA as a...

IRVINE MED. CTR. v. THOMPSON

Health Law
42 CFR 413.13, which eliminated the carry-forward exception to the lower cost or charges principle of reimbursing Medicare providers, is valid under...

BISHOP PAIUTE TRIBE v. COUNTY OF INYO

Indian Law
Public Law 280, 18 USC 1162(a), which gives several states criminal and civil jurisdiction over reservation Indians, does not allow a state to execute...

MOORE v. CALIFORNIA INST. OF TECH. JET PROPULSION LAB.

Government Contracts
Under the False Claims Act, an allegedly fraudulent memo regarding a government contractor's claim with a third-party contractor may still be...

RUSSELL v. HUG

Criminal Law & Procedure, Ethics & Disciplinary Code
A district court may require, under the Criminal Justice Act 18 USC 3006A(a), that members of its indigent defense panel be members of the state bar...

DOMINGO v. T.K., M.D.

Evidence, Professional Malpractice
Where the general cause of injury is unknown in a surgical procedure, the fact that one element of that procedure was of an unusual duration alone...

DAWAVENDEWA v. SALT RIVER PROJECT AGRIC. IMPROVEMENT AND POWER DIST.

Indian Law, Labor & Employment Law
Indian tribe and tribal officials have sovereign immunity from Title VII claims and are indispensable parties to Title VII claims against parties that...

BRADLEY v. HARRIS RESEARCH, INC.

Dispute Resolution & Arbitration
The Federal Arbitration Act (FAA) preempts Cal Bus. & Prof. Code sec. 20040.5, a statute which compells arbitration in California, rather than a...