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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

GUTIERREZ v. BARNHART

United States Ninth Circuit
Civil Procedure
Under the Equal Access to Justice Act, 28 USC 2412(d), the mere fact that an issue is one of first impression does not preclude a finding that the...
12/20/2001 00-17216

THE LINCOLN CLUB OF ORANGE COUNTY v. CITY OF IRVINE

United States Ninth Circuit
Constitutional Law, Elections
Election regulations that limit monetary contributions to independent expenditure committees are subject to strict scrutiny review and not a lower...
12/20/2001 00-56444

SMITH v. DUNCAN

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
In determining whether a federal habeas petition is timely, an appellate court may rely on the file stamped dates and mailing declarations on state...
12/19/2001 00-16458

ALEXANDER v. DIRECTOR, OFFICE OF WORKERS' COMP. PROGRAMS

United States Ninth Circuit
Admiralty, Workers' Compensation
Under 33 USC 903(e) of the Longshore and Harbor Workers Compensation Act, an employee's settlements with prior employers for long term exposure injury...
12/19/2001 00-70762

CHURCHILL COUNTY v. NORTON

United States Ninth Circuit
Environmental Law
Programmatic environmental impact statements are not required to determine the cumulative impact of proposed environmental actions where the agency...
12/19/2001 00-15967

US v. MCGOWAN

United States Ninth Circuit
Criminal Law & Procedure, Evidence
In a drug-trafficking case that does not involve a conspiracy count, expert witness testimony about drug-trafficking organizations is not admissible.
12/19/2001 00-50725

US v. WISEMAN

United States Ninth Circuit
Criminal Law & Procedure
While 18 USC 664, which criminalizes embezzlement from an employee pension fund, requires specific intent, it does not require a showing that...
12/19/2001 00-10325, 00-10341

GANDARELA v. JOHNSON

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
In child molestation case, evidence from witnesses, who had no direct knowledge of the crime, but had some evidence that would impeach credibility of...
12/18/2001 00-35596

US v. PEARSON

United States Ninth Circuit
Criminal Law & Procedure, Environmental Law
Under the criminal provisions of the Clean Air Act for asbestos removal, 42 USC 7412-7413, a defendant can be both a "supervisor" and an "employee"...
12/18/2001 00-30086

ARIZONA CATTLE GROWERS' ASS'N v. US FISH & WILDLIFE

United States Ninth Circuit
Environmental Law
Under Section 7 of the Endangered Species Act, an actual incidental take is a prerequisite for an Incidental Take Statement.
12/17/2001 99-16102, 99-16103, 00-15322, 00-15511

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