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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

IN RE BUNYAN

United States Ninth Circuit
Bankruptcy Law, Tax Law
Pursuant to 11 U.S.C. section 505(a)(2)(A), the bankruptcy court lacked jurisdiction to consider the validity of income tax assessments filed by the...
01/20/2004 02-56786

US v. DEEMER

United States Ninth Circuit
Criminal Law & Procedure, Evidence
Police officers' actions did not fall within the "emergency exception" to the Fourth Amendment restriction on warrantless searches or seizures....
01/20/2004 03-30034

DIAZ v. PARKS

United States Ninth Circuit
Criminal Law & Procedure, Injury & Tort Law
Plaintiff, alleging wrongful conviction and incarceration, lacks standing to bring this RICO claim because he fails to allege injury to "business or...
01/20/2004 02-56818

WILSON v. CZERNIAK

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
The Double Jeopardy Clause prohibits prisoner's retrial. Having once been acquitted of the lesser included offense of intentional murder, he may not...
01/20/2004 02-36121

US v. CLIFFORD MATLEY FAMILY TRUST

United States Ninth Circuit
Agriculture, Environmental Law, Water Law
A district court order affirming the Water Master's reclassification of a farm from "bottom" land to "bench" land is reversed and remanded. The Water...
01/20/2004 01-15778, 01-15813

ASSOCIATED BUILDERS & CONTRACTORS OF S. CALIFORNIA, INC. v. NUNN

United States Ninth Circuit
Construction, ERISA, Labor & Employment Law
8 Cal. Code Regs. sections 208(b) and 208(c), which establish minimum wages and benefits for state-registered apprentices on public and private...
01/16/2004 02-56735

WILLIAMS v. RHOADES

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
State courts reasonably applied federal law and reasonably interpreted the facts in rejecting prisoner's claim that race motivated the prosecutor's...
01/16/2004 02-15280

US v. $100,348.00 IN US CURRENCY

United States Ninth Circuit
Asset Forfeiture, Transportation
A claimant who asserts only a possessory interest in forfeited property has first-party standing to challenge the forfeiture under the Excessive Fines...
01/16/2004 02-55330, 02-55363, 02-55364

KALAMA SERVS., INC. v. DIR., OFFICE OF WORKERS COMP. PROGRAMS

United States Ninth Circuit
Admiralty, Injury & Tort Law, Workers' Compensation
The Benefits Review Board did not err in ruling that injuries suffered by an off-duty employee during foreseeable horseplay in a bar on Johnston Atoll...
01/15/2004 02-72578

ABRAMS v. CITY OF RANCHO PALOS VERDES

United States Ninth Circuit
Civil Rights, Communications Law, Remedies
42 U.S.C. section 1983 remedies are available under the Telecommunications Act (TCA) because the TCA does not contain a comprehensive remedial scheme;...
01/15/2004 02-55681

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