United States Ninth Circuit - Opinion Summaries

Avista Corp., Inc. v. Wolfe

Government Law, Property Law & Real Estate, Public Utilities, Transportation
A court may not retroactively declare a railroad right of way abandoned under the Abandoned Railway Right of Way Act.

In re: Digimarc Corp. Derivative Litig.

Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Labor & Employment Law, Securities Law
There is no private right of action under section 304 of the Sarbanes-Oxley Act, which provides for the forfeiture of certain bonuses and profits when...

League of Wilderness Defenders v. US Forest Serv.

Administrative Law, Environmental Law
In an action against the Forest Service brought by environmental groups seeking declaratory and injunctive relief to halt a selective logging project...

United Steel, Paper & Forestry etc. v. Shell Oil Co.

Civil Procedure, Class Actions, Labor & Employment Law, Oil and Gas Law
In a class action brought by a union and current and former employees against Shell Oil and others alleging wage, pay, and labor law violations,...

Upper Deck Co., LLC v. Am. Int'l Specialty Lines Ins. Co.

Contracts, Corp. Governance, Corporation & Enterprise Law, Insurance Law, Tax Law
In an appeal arising out of an insurance policy that plaintiff purchased from defendant-insurer that insured a tax strategy that an accounting firm...

Chambers v. McDaniel

Criminal Law & Procedure, Evidence, Habeas Corpus
In a first degree murder case, denial of a petition for habeas relief is reversed where: 1) a Nevada Supreme Court order denying a petition for...

Societe Civile Succession Richard Guino v. Renoir

Constitutional Law, Copyright, Intellectual Property, International Law
In a copyright infringement case, summary judgment for plaintiff is affirmed where: 1) under Twin Books v. Walt Disney Co., 83 F.3d 1162 (9th Cir....

Marley v. US

Civil Procedure, Government Law, Health Law, Injury & Tort Law
The statute of limitations in section 2401(b) of the Federal Tort Claims Act (FTCA), 28 U.S.C. section 2401(b), is jurisdictional. Thus, equitable...

Tennison v. City & County of San Francisco

Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Evidence
In a 42 U.S.C. section 1983 action arising after plaintiffs served nearly thirteen years in state prison for a murder of which both were declared...

US v. Eghbal

Government Law, Injury & Tort Law, Insurance Law, Property Law & Real Estate, Remedies, White Collar Crime
In a civil action brought under the False Claims Act against defendants for making false statements to procure home mortgage insurance from the...