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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

SPEARS v. STEWART

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Arizona Revised Statutes 13-4041 and 13-4013, and Arizona Rule of Criminal Procedure 6.8, which provide a mechanism for appointing counsel in capital...
09/24/2001 01-99000

REGULA v. DELTA FAMILY-CARE DISABILITY SURVIVORSHIP PLAN

United States Ninth Circuit
ERISA
Courts may apply the treating physician rule in determining disability applications.
09/24/2001 98-55853

LEISNOI, INC. v. US

United States Ninth Circuit
Property Law & Real Estate
Under the Quiet Title Act, 28 USC 2409a, a third party may raise a dispute in title to real property between the plaintiff and the United States.
09/24/2001 00-35746

HART v. MASSANARI

United States Ninth Circuit
Civil Procedure, Constitutional Law
9th Cir. R. 36-3, which prohibits attorneys from citing unpublished opinions on appeal, does not violate Article III of the US Constitution.
09/24/2001 99-56472

DUKE ENGERGY TRADING & MKTG., L.L.C. v. DAVIS

United States Ninth Circuit
Public Utilities
A state government may not force utilities to waive security and default mitigation procedures of Federal Energy Regulatory Commission-approved rate...
09/21/2001 01-55770

GALLO-ALVAREZ v. ASHCROFT

United States Ninth Circuit
Immigration Law
8 USC 1231(a)(5) allows the INS to reinstate an order of deportation summarily pertaining to an alien who was granted voluntary departure in lieu of...
09/21/2001 99-71038; 00-35238

CRAWFORD v. COMM'R OF INTERNAL REVENUE

United States Ninth Circuit
Constitutional Law, Tax Law
Tax Court's ability to appoint special trial judges does not violate the Separation of Powers Clause even though there is no district court judicial...
09/20/2001 00-70173

BALDWIN v. TRAILER INNS, INC.

United States Ninth Circuit
Labor & Employment Law
Under the Fair Labor Standards Act, an employee who is not supervised on a daily basis and makes more money than other employees may qualify as an...
09/20/2001 00-35412

MARTINEZ v. KLAUSER

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
The statute of limitations under Idaho Code 19-4906(b) is not a "clear, consistently applied and well-established" state rule to warrant sua sponte...
09/18/2001 00-35422

MICHAEL v. RIVERSIDE CEMENT CO. PENSION PLAN

United States Ninth Circuit
ERISA
The anti-cutback rule, 29 USC 1054(g), prohibits an employer from reducing a previously retired employee's benefits by the amount of previous...
09/17/2001 99-55519

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