United States Ninth Circuit - Opinion Summaries

BARTHOLOMEW v. CROWLEY MARINE SERVS., INC.

Admiralty
In apportioning a salvage award, the district court should have considered whether the owner of the salving vessel was entitled to part of the award...

BROWN v. CITY OF TUCSON

Civil Rights, Labor & Employment Law
A city police department did not retaliate against a detective in violation of the ADA by instituting an investigation into an assault and suspending...

ROJAS-GARCIA v. ASHCROFT

Criminal Law & Procedure, Habeas Corpus, Immigration Law
A deportable alien's notice of appeal did not state grounds for appeal with sufficient particularity to avoid summary dismissal, and section...

S.D. MYERS, INC. v. CITY & COUNTY OF SAN FRANCISCO

Family Law, Government Contracts, Government Law, Labor & Employment Law
A city's "Non-Discrimination in Contracts" ordinance, requiring city contractors to provide equal benefits to their employees regardless of marital or...

HORPHAG RESEARCH LTD. v. PELLEGRINI

Attorney's Fees, Cyberspace Law, Intellectual Property, Trademark
Defendant was not entitled to a nominative fair use defense for use of plaintiff's trademarked name on a website, but a dilution claim is remanded for...

MORALES v. WOODFORD

Criminal Law & Procedure, Habeas Corpus
Instructional error regarding the torture special circumstance under California law did not have a substantial injurious effect on the jury verdict,...

BUNNELL v. BARNHART

Administrative Law, Government Benefits
An Administrative Law Judge (ALJ) need not have recused himself from hearing a Social Security claimant's application for disability benefits, because...

MANATT v. BANK OF AM.

Civil Rights, Labor & Employment Law
42 U.S.C. section 1981 encompasses retaliation and hostile work environment claims, but the conduct of plaintiff's co-workers and supervisors did not...

CTR. FOR FAIR PUB. POLICY v. MARICOPA COUNTY

Commercial Law, Constitutional Law
A state's time, place, and manner statute, prohibiting sexually-oriented businesses from operating during late night hours, did not violate the First...

STATE ENG'R v. S. FORK BAND OF THE TE-MOAK TRIBE OF W. SHOSHONE INDIANS OF NEVADA

Administrative Law, Civil Procedure, Government Law, Water Law
The McCarran Amendment waives the U.S.'s immunity from suit, not only for the administration of water rights acquired after the statute's enactment,...