United States Ninth Circuit - Opinion Summaries

MILES v. STATE OF CALIFORNIA

Attorney's Fees, Civil Procedure, Civil Rights, Government Law, Sanctions
Costs pursuant to FRCP 54(d) may not be awarded where an underlying claim is dismissed for lack of subject matter jurisdiction, but FRCP 54(d) does...

LASSONDE v. PLEASANTON UNIFIED SCH. DIST.

Constitutional Law, Education Law
School officials' actions in censoring sectarian, proselytizing portions of a high school graduation speech were necessary to avoid a conflict with...

HOXHA v. ASHCROFT

Immigration Law
Substantial evidence did not support the Board of Immigration Appeals's denial of an ethnic Albanian's eligibility for asylum, but did support denial...

STILLMAN v. LAMARQUE

Criminal Law & Procedure, Habeas Corpus
A California prisoner was not entitled to the benefit of the prison "mailbox rule" under the circumstances, but equitable tolling will apply based on...

SCHOTT v. COMM'R OF INTERNAL REVENUE

Tax Law
A two-life annuity retained by taxpayers in grantor-retained annuity trusts was an interest qualified under Treasury Regulations section 25.2702, and...

COSZALTER v. CITY OF SALEM

Civil Rights, Constitutional Law, Labor & Employment Law
An adverse employment action in a First Amendment retaliation case is an act reasonably likely to deter employees from engaging in protected speech,...

NORDYKE v. KING

Constitutional Law
A local ordinance prohibiting the possession of firearms on county property did not infringe First Amendment rights, as possession of a gun is not...

STATE OF CALIFORNIA v. CAMPBELL

Civil Procedure, Environmental Law, Property Law & Real Estate
In a case arising out of contamination of groundwater with trichloroethylene (TCE), defendants raised a genuine issue of material fact as to whether...

EINSTEIN/NOAH BAGEL CORP. v. SMITH

Bankruptcy Law, Landlord Tenant Law, Property Law & Real Estate
Plaintiff is not entitled to administrative priority given to an obligation under a sublease of commercial property because 11 U.S.C. section...

PETERSON v. LAMPERT

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Denial of a habeas petition is affirmed where petitioner failed to exhaust a claim of ineffective assistance of counsel in state courts, because on...