United States Ninth Circuit - Opinion Summaries

HERNANDEZ v. ASHCROFT

Family Law, Immigration Law
In appeal from an application for suspension of deportation under the Violence Against Women Act of 1994, an abuser's behavior during the "contrite"...

US v. BEASLEY

Criminal Law & Procedure
The district court properly instructed the jury that defendant must prove, by a preponderance of the evidence, a justification defense to a federal...

BRAND X INTERNET SERVS. v. FED. COMMUNICATIONS COMM'N

Communications Law, Cyberspace Law

CHAO v. A-1 MED. SERVS., INC.

Labor & Employment Law
In an action to recover unpaid overtime wages, the district court properly identified two companies as a single enterprise for purposes of the Fair...

CORDOVA v. BACA

Criminal Law & Procedure, Habeas Corpus
If a criminal defendant is put on trial without counsel, and his right to counsel has not been effectively waived, he is entitled to an automatic...

LAMPS PLUS, INC. v. SEATTLE LIGHTING FIXTURE CO.

Attorney's Fees, Copyright, Intellectual Property
A table lamp will not be afforded copyright protection where sufficient originality did not arise from the assemblage of its component parts as...

SPITSYN v. MOORE

Criminal Law & Procedure, Habeas Corpus
Where an attorney was retained to prepare and file a habeas petition, failed to do so, and disregarded requests to return the files pertaining to...

GAUSVIK v. PEREZ

Civil Rights, Constitutional Law, Criminal Law & Procedure
A police officer was entitled to qualified immunity in a claim that he violated a 42 U.S.C. section 1983 plaintiff's civil rights during a sex abuse...

IN RE: UMALI

Bankruptcy Law
A bankruptcy petition filed in violation of a court-imposed 180-day bar is properly excluded from the automatic stay provisions of the Bankruptcy...

LOPEZ-URENDA v. ASHCROFT

Immigration Law
The filing of an asylum application before the Illegal Immigration Reform and Immigrant Responsibility Act's passage, rather than during the six-month...