United States Ninth Circuit - Opinion Summaries

GRAVQUICK A/S V TRIMBLE NAVIGATION INT'L LTD.

Agriculture, Commercial Law, Constitutional Law, International Trade
The California Equipment Dealers Act (CEDA) does not contain unstated geographical limitations which would prevent application to a Danish...

METRONET SERVS. CORP. v. US WEST COMMUNICATIONS

Antitrust & Trade Regulation, Commercial Law, Communications Law
Resellers of a product offering volume discounted phone line access and calling features presented sufficient evidence of monopoly power, exclusionary...

US v. CHAVEZ

Asset Forfeiture, Civil Procedure, Property Law & Real Estate
Lottery winnings owed to appellant's husband were properly held forfeited in the U.S., pursuant to 21 U.S.C. section 853, as a district court order...

RAAD v. FAIRBANKS N. STAR BOROUGH SCH. DIST.

Civil Procedure, Civil Rights, Labor & Employment Law
The district court failed to draw all reasonable inferences in favor of plaintiff (non-moving party) in granting summary judgment in a Title VII...

ABELEIN v. US

Administrative Law, Corporation & Enterprise Law, Government Law, Tax Law
A claim against the U.S. for alleged disclosure of confidential tax return information was not actionable, as procedure that led to Final Partnership...

BLAXLAND v. COMMONWEALTH DIR. OF PUB. PROSECUTIONS

Criminal Law & Procedure, Government Law, Injury & Tort Law, International Law
Australian government instrumentalities and employees are entitled to Foreign Sovereign Immunities Act immunity for alleged malicious prosecution and...

BEAR LAKE WATCH, INC. v. FED. ENERGY REGULATORY COMM'N

Administrative Law, Environmental Law, Public Utilities
The FERC did not err in finding that, because a reservoir was not necessary or appropriate to the operation of power projects, it did not have...

CEDANO-VIERA v. ASHCROFT

Criminal Law & Procedure, Immigration Law
A lawful permanent resident's expunged Nevada conviction for a lewd act involved sexual abuse of a minor and meets the definition of an "aggravated...

SMITH v. RATELLE

Criminal Law & Procedure, Habeas Corpus
A habeas petitioner is entitled to equitable tolling where the district court erroneously dismissed his earlier, timely petition without first giving...

MARTINEZ v. STANFORD

Civil Procedure, Civil Rights
Summary judgment in a prisoner's 42 U.S.C. section 1983 claim, alleging excessive force by corrections officers, should not have been granted based on...