United States Ninth Circuit - Opinion Summaries

DEUTSCH v. TURNER CORP.

Civil Procedure, Constitutional Law, Corporation & Enterprise Law, International Law
California Code of Civil Procedure section 354.6, creating a cause of action against German and Japanese corporations for claims involving World War...

HARRISON v. LOCKYER

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Denial of defendant's discovery access to material that was more than five years old in a police officer's personnel file did not deny him due process...

US v. DOMINGUEZ

Constitutional Law, Criminal Law & Procedure, Sentencing
The burden of establishing the constitutionality of prior convictions, in defendant's challenges to the use of prior convictions under the U.S.S.G.,...

DIXON v. COMM'R OF INTERNAL REVENUE

Civil Procedure, Tax Law, Government Law
A pattern of government misconduct designed to prevent the Tax Court and taxpayers from learning of settlement agreements amounted to a fraud on the...

EL POLLO LOCO, INC. v. HASHIM

Civil Procedure, Contracts
The discovery rule applies to toll the statute of limitations in a contract claim, where fraudulent misrepresentations are asserted in conjunction...

US v. LOPEZ-GARCIA

Criminal Law & Procedure, Sentencing, Immigration Law
After a conviction for transporting illegal aliens, where defendant's reckless flight was the source of a six-level enhancement under U.S.S.G. section...

SIMO v. UNION OF NEEDLETRADES, INDUS. & TEXTILE EMPLOYEES

Injury & Tort Law, Labor & Employment Law
Garment workers did not produce evidence of bad faith necessary to show that their union breached the duty of fair representation, and union agents'...

PUB. CITIZEN v. DEP'T OF TRANSP.

Commercial Law, Environmental Law, International Law
The Department of Transportation acted in an arbitrary and capricious manner in failing to prepare Environmental Impact Statements in promulgating...

KING JEWELRY, INC. v. FED. EXPRESS CORP.

Contracts, Transportation
As defined in shipping contract, candelabra were "items of extraordinary value," and because federal common law governed a limited liability provision...

NAT'L LABOR RELATIONS BD. v. CHAPA DE INDIAN HEALTH PROGRAM, INC.

Health Law, Indian Law, Labor & Employment Law
The National Labor Relations Act is a generally applicable statute and is applicable to a "tribal organization" that operates outpatient healthcare...