United States Ninth Circuit - Opinion Summaries

BENNETT v. YOSHINA

Attorney's Fees, Civil Rights
Under 42 USC 1988, a party who obtains a remedy through voluntary change by a defendant's reaction to a lawsuit may not recover attorneys' fees as a...

CULBERTSON v. OAKRIDGE SCH. DIST. NO. 76

Constitutional Law, Education Law
Allowing a community religious group to use school facilities for religious instruction after school, as other community groups are permitted to do,...

YANG MING MARINE TRANSP. CORP. v. OKAMOTO FREIGHTERS, LTD.

Admiralty
Evidence that shipper admitted its containers in bill of lading for cigarettes actually contained used tires is sufficient to support summary judgment...

ALHAMBRA HOSP. v. THOMPSON

Government Benefits, Health Law
Under 42 CFR 412.106(a)(1)(ii), a hospital may count subacute patient days when calculating a hospital's payment for disproportionate share hospital...

MOTION PICTURE INDUS. PENSION & HEALTH PLANS v. N.T. AUDIO VISUAL SUPPLY, INC.

ERISA
Trustees of employee pension plans must show that employer used employees for some covered work in order to shift the burden to the employer to prove...

CLARK v. CITY OF LAKEWOOD

Civil Procedure, Constitutional Law, Entertainment Law
The owner of an adult nude dancing business has standing to challenge a city ordinance requiring nude dancers and cabaret managers to apply for...

SOLTANI v W. & S. LIFE INS. CO.

Labor & Employment Law
Employment contract provisions that shorten statute of limitations to six months are valid, but a provision that requires ten days written notice...

IRON WORKERS FIELD PENSION TRUST v. LOOMIS SAYLES & CO.

ERISA
Under ERISA, a trust fund fiduciary cannot breach duties under 29 USC 1102 for violating the "spirit" of written investment guidelines.

FRYE v. HICKMAN

Criminal Law & Procedure, Habeas Corpus
Under the AEDPA, an attorney's negligent failure to file a habeas petition within the one-year statute of limitations does not equitably toll the...

DILS v. SMALL

Criminal Law & Procedure, Habeas Corpus
Under the AEDPA, a subsequent habeas petition may not relate back to earlier habeas petition where the earlier petition was dismissed before defendant...