United States Ninth Circuit - Opinion Summaries

US v. Llewellyn

Criminal Law & Procedure
A conviction for simple assault for intentionally spitting on a patient while on the grounds of a Veterans Administration Medical Center in Washington...

Progressive W. Ins. Co. v. Preciado

Civil Procedure, Class Actions, Commercial Law, Contracts, Insurance Law
In a breach of contract action brought by insurer against insured wherein insured cross-claimed "on behalf of the general public" alleging unfair...

Ohel Rachel Synagogue v. US

Administrative Law, Asset Forfeiture, Civil Procedure, Criminal Law & Procedure
In the context of the Civil Asset Forfeiture Reform Act (CAFRA), 28 U.S.C. section 2465(b)(1)(C) does not require the government to disgorge interest...

Incalza v. Fendi N. Am., Inc.

Immigration Law, Labor & Employment Law
The Immigration Reform and Control Act of 1986 (IRCA) does not preempt California labor laws that forbid employers from firing an employee without...

Irons v. Carey

Criminal Law & Procedure, Habeas Corpus, Sentencing
A grant of habeas relief in a second degree murder case based on a finding that there was insufficient evidence to support parole board's finding of...

Welch v. Metro. Life Ins. Co.

Attorney's Fees, ERISA, Insurance Law, Labor & Employment Law
An order awarding plaintiff attorney's fees in an ERISA matter is affirmed in part, but vacated in part pursuant to plaintiff's challenge where the...

Lowdermilk v. US Bank Nat'l Assoc.

Banking Law, Civil Procedure, Class Actions, Labor & Employment Law
Under the Class Action Fairness Act of 2005 (CAFA), when the plaintiff has pled damages less than the jurisdictional amount, in order to remove the...

Dutra v. US

Government Law, Injury & Tort Law, Remedies
A judgment awarding damages in a Federal Tort Claims Act (FTCA) action brought by minor plaintiff for injuries he sustained during birth delivery is...

Lombardo v. Warner

Commercial Law, Constitutional Law, Government Law, Property Law & Real Estate
In a case brought by a homeowner who wished to display a 32-square-foot sign reading "For Peace in the Gulf" at his residence, challenging the...

Malta-Espinoza v. Gonzales

Criminal Law & Procedure, Immigration Law
A petition for review of an order of the BIA holding that petitioner's state-law conviction for stalking rendered him removable under applicable law...