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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

US v. MACKBY

United States Ninth Circuit
Constitutional Law, Health Law
An award of treble damages for filing false Medicare claims under the False Claims Act, 31 USC 3729-3733, is subject to an excessive fines analysis...
03/21/2001 99-15605

NATURAL RES. DEF. COUNCIL, INC. V SOUTHWEST MARINE, INC.

United States Ninth Circuit
Civil Procedure, Environmental Law
District court retains jurisdiction to modify injunctions for Clean Water Act action requiring shipyard to test harbor water and limit run-off while...
03/20/2001 00-55621

OLESZKO v. STATE COMP. INS. FUND

United States Ninth Circuit
Civil Procedure, Evidence
The federal psychotherapist-patient privilege applies extends to employee communications made to Employee Assistance Program counselors.
03/20/2001 99-15207

CHANCE v. PAC-TEL TELETRAC INC.

United States Ninth Circuit
Intellectual Property, Trademark
Where the owner of a service mark cannot show any sales of the service, the totality of the circumstances test suggests insufficient use in commerce...
03/20/2001 98-55160

TONAPETYAN v. HALTER

United States Ninth Circuit
Government Benefits
An adminstrative law judge who relies on an examining psychiatrist's testimony to find no mental impairment must develop an extensive record when the...
03/19/2001 99-56486

BASIENTE v. GLICKMAN

United States Ninth Circuit
Government Benefits
Under the Welfare Reform Act of 1996, 8 USC 1601 et seq., the Secretary of Agriculture's notification to congress of a proposed action to waive...
03/19/2001 99-17264

KLEVE v. HILL

United States Ninth Circuit
Criminal Law & Procedure
A defendant initially convicted under California law for conspiracy to commit second-degree murder is not entitled to habeas relief even after the...
03/16/2001 97-56182

DEORLE v. RUTHERFORD

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure
Firing bean-bag round at unarmed suspect without warning the suspect is excessive force not entitled to qualified immunity.
03/16/2001 99-17188

FOSS v. THOMPSON

United States Ninth Circuit
Labor & Employment Law
Evidence that more women have nursing degrees than men is insufficient to show that nursing degree job requirement constitutes disparate gender...
03/16/2001 99-35956

US v. HERRERA-ROJAS

United States Ninth Circuit
Criminal Law & Procedure
A sentencing enhancement under USSG 2L1.1(b)(6) for deaths that occur while smuggling illegal aliens does not require intent or recklessness on the...
03/15/2001 99-50688

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