United States Ninth Circuit - Opinion Summaries

JAMES v. PLILER

Criminal Law & Procedure, Habeas Corpus
When a district court receives a habeas petition with both exhausted and unexhausted claims, it must advise a pro se petitioner about the option of...

RODRIGUEZ v. BOWHEAD TRANSP. CO.

Admiralty
Under the Longshore and Harbor Workers' Compensation Act, a standard terminal services agreement between a time charterer and a stevedoring company...

MOORE v. NELSON

Indian Law
Under 25 USC 1303 of the Indian Civil Rights Act, a fine for cutting timber on an Indian reservation is not a "detention" allowing a petitioner to...

SWINTON v. POTOMAC CORP.

Labor & Employment Law
Employer's Ellerth/Faragher defense to sexual harassment does not apply to negligence claims because whether employer had adequate procedures to...

D.A.R.E. AM. v. ROLLING STONE MAGAZINE

Civil Procedure
An appellate brief must state how resolving issues on appeal would affect the disposition below.

CARSON HARBOR VILLAGE, LTD. v. UNOCAL CORP.

Environmental Law
Under 42 USC 9607(a)(2) of CERCLA, gradual passive migration of pollutants through soil does not qualify as a "disposal" in determining whether a...

BOB WONDRIES MOTORS, INC. v. COMM'R OF INTERNAL REVENUE

Tax Law
Taxpayers who receive lump sum income for multiple-year service plans and elect to account for the income under Revenue Procedure 92-98 must comply...

US v. VELARDE-GOMEZ

Criminal Law & Procedure, Evidence
Evidence of criminal defendant's post-arrest, pre-Miranda silence is inadmissible as "demeanor" evidence.

GUNDERSON v. HOOD

Criminal Law & Procedure
Bureau of Prisons Program Statement 5162.04, which excludes certain classes of prisoners from early release programs, does not expand underlying BOP...

US v. HIGHSMITH

Criminal Law & Procedure, Sentencing
Under section 2D1.1(b)(1) application note 3 of the Sentencing Guidelines, mere access to a weapon without evidence of knowledge of its existence is...