United States Ninth Circuit - Opinion Summaries

DEROCHE v. ARIZONA INDUS. COMM'N

Bankruptcy Law
In determining whether an employer's failure to provide worker's compensation is an "excise tax" to the Arizona Special Fund for worker's compensation...

BENNETT v. MUELLER

Criminal Law & Procedure, Habeas Corpus
Denial of a California state habeas petition for lack of diligence constitutes an independent and adequate ground for denial of the habeas petition...

ARMSTRONG v. DAVIS

Civil Rights
Disabled prisoners who did not receive accommodations at parole hearings have standing to assert claims on behalf of other disabled prisoners when...

LANDRIGAN v. STEWART

Criminal Law & Procedure, Habeas Corpus
Defense counsel did not render ineffective assistance to defendant at sentencing stage of death penalty case where defendant instructed counsel not to...

POPOVA v. IMMIGRATION & NATURALIZATION SERV.

Immigration Law
Evidence that asylum applicant was allowed to work, travel and obtain an education is not sufficient to defeat claim that she was persecuted on...

HUTTON v. ELF ATOCHEM N. AM., INC.

Labor & Employment Law
Employee who was a Type I diabetic was not a "qualified individual" under the Americans with Disabilities Act for the position of chlorine finishing...

ALVARENGA-VILLALOBOS v. ASHCROFT

Immigration Law
Section 241(a)(5) of the Immigration and Nationality Act, 8 USC 1231(a)(5), which reinstates a prior removal order without reopening judicial review,...

WELLS v. CLACKAMAS GASTROENTEROLOGY ASSOCS., P.C.

Labor & Employment Law
Under 42 USC 12111(4)&(5) of the Americans with Disabilities Act, shareholders of a professional corporation who are actively engaged in running...

SUZY'S ZOO v. COMM'R OF INTERNAL REVENUE

Tax Law
Under 26 USC 263A, a company that uses independent contractor's to manufacture its goods may still be a "producer" of those goods.

NELSON v. HEISS

Civil Rights
38 USC 5301(a) prohibits prison officials from tapping into a prisoner's veterans benefits to pay for overdrafts in the prisoner's trust account.