United States Ninth Circuit - Opinion Summaries

US v. Bergeson

Criminal Law & Procedure, Evidence
The district court properly exercised its discretion to quash a prosecutor's subpoena of a criminal defense lawyer to testify against her client...

Dwyer v. Duffy

Bankruptcy Law
The Friday after Thanksgiving is a "legal holiday" in California within the meaning of Rule 9006 of the Federal Rules of Bankruptcy Procedure.

Skranak v. Castenada

Administrative Law, Environmental Law, Property Law & Real Estate
The United States Forest Service improperly denied plaintiffs-owners access to their patented mining claims within the Kootenai National Forest in...

McFarland v. Norton

Civil Procedure, Property Law & Real Estate
Dismissal of plaintiff's action to quiet title is reversed where he properly filed his suit within the 12-year statute of limitations.

US v. Resendiz-Ponce

Criminal Law & Procedure
Failure to allege any specific overt act that is a substantial step toward entry is a fatal defect in an indictment for attempted entry following...

Charlotte's Office Boutique, Inc. v. Comm'r of Internal Revenue

Corporation & Enterprise Law, Labor & Employment Law, Tax Law
Defendant-Commissioner correctly determined that plaintiff's royalty payments to one of its shareholders constituted wages, and that plaintiff was...

State of Idaho Potato Cmm'n v. G & T Terminal Packaging

Administrative Law, Contracts, Intellectual Property, Trademark
The district court correctly ruled that a no-challenge provision in plaintiff's licensing agreement with defendant is unenforceable where the...

Bush v. Cheaptickets, Inc.

Civil Procedure, Class Actions
For purposes of the effective date of the Class Action Fairness Act, a class-action suit is "commenced" when the suit is filed rather than when it is...

Bonner v. Carey

Criminal Law & Procedure, Habeas Corpus
Dismissal of plaintiff's habeas petition, as barred by the statute of limitations, is reversed and remanded to determine whether he is entitled to...

Harris v. Bankers Life and Cas. Co.

Civil Procedure
The thirty-day time period for removal starts to run from defendant's receipt of the initial pleading only when that pleading affirmatively reveals on...