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United States Ninth Circuit - Opinion Summaries

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LION RAISINS, INC. v. USDA

United States Ninth Circuit
Agriculture, Government Law, Trade Secrets
The FOIA entitles plaintiff to copies of the originals of its own Line Check Sheets, retained by defendant; due to the FOIA's "trade secrets"...
01/15/2004 02-16696

BEIER v. CITY OF LEWISTON

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure
Defendant officers are not entitled to summary judgment on qualified immunity grounds from plaintiff's 42 U.S.C. section 1983 false arrest claim. The...
01/14/2004 02-35516

WAGNER v. PROF'L ENG'RS IN CALIFORNIA GOV'T

United States Ninth Circuit
Labor & Employment Law, Remedies
The proper remedy for defendant's defective notice to fee payers who are not union members is issuance of a proper notice with a renewed opportunity...
01/14/2004 02-16397, 02-16461

PLAYBOY ENTER., INC. v. NETSCAPE COMMUNICATIONS CORP.

United States Ninth Circuit
Cyberspace Law, Intellectual Property, Trademark
Genuine issues of material fact exist with respect to defendants' practice of requiring adult-oriented companies to link their banner ads to search...
01/14/2004 00-56648, 00-56662

US v. MITCHELL

United States Ninth Circuit
Criminal Law & Procedure, Juvenile Law, Sentencing
The district court properly counted defendant's juvenile conviction in calculating his criminal history score. His probation for a juvenile sentence...
01/14/2004 03-30008

BAHRAMPOUR v. LAMPERT

United States Ninth Circuit
Constitutional Law, Media Law
Because the First Amendment right of inmates to receive commercial bulk mail was not clearly established at the time that defendant prison officials...
01/13/2004 02-35194

THE UPPER DECK CO., LLC v. FED. INS. CO.

United States Ninth Circuit
Injury & Tort Law, Insurance Law, Sports Law
Insurance policies covering claims for bodily injury did not obligate defendant to defend plaintiff against RICO claims. Neither the RICO complaint...
01/12/2004 02-56081

MILLER v. YOKOHAMA TIRE CORP.

United States Ninth Circuit
Labor & Employment Law
Plaintiff's complaint does not allege actionable fraud under the common law. 18 U.S.C. section 1962(c) and (d) do not permit this ordinary state wage...
01/12/2004 02-56722

US v. DELA CRUZ

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Defendant, convicted of making telephonic bomb threats, unsuccessfully appeals from his conviction and sentence. Because he fully intended the threat...
01/12/2004 03-10151

PRIETO v. PAUL REVERE LIFE INS. CO.

United States Ninth Circuit
Insurance Law
Because waiver was neither properly pled by defendant pursuant to FRCP rule 8(c), nor properly amended by the district court under rule 15(b),...
01/09/2004 02-15637

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