United States Ninth Circuit - Opinion Summaries

FED. ELECTION COMM'N v. TOLEDANO

Elections
The conduct of a political party's local committee chairman violated section 432(b)(1) of the Federal Election Campaign Act, which requires the...

ESKANOS & ADLER, P.C. v. LEETIEN

Bankruptcy Law, Sanctions, Debt Collection
11 U.S.C. section 362(a) of the Bankruptcy Code imposes an affirmative duty to discontinue post-petition collection actions, and sanctions are...

THOMAS v. NAKATANI

Civil Procedure, Constitutional Law
The U.S. Supreme Court's conclusion in Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, that a court of appeals has...

SERVIN-ESPINOZA v. ASHCROFT

Criminal Law & Procedure, Immigration Law
Application of Anti-Terrorism and Effective Death Penalty Act section 440(d), which barred Immigration and Nationality Act section 212(c) relief...

HOLGERSON v. KNOWLES

Criminal Law & Procedure, Habeas Corpus
A habeas petitioner's argument, that California's decision to count his out-of-state convictions as strikes when it sentenced him under California's...

BIODIVERSITY LEGAL FOUND. v. BADGLEY

Administrative Law, Environmental Law
The U.S. Fish and Wildlife Service did not have discretion under the Endangered Species Act, 16 U.S.C. section 1533, to make substantial information...

LEAGUE OF WILDERNESS DEFENDERS/BLUE MOUNTAINS BIODIVERSITY PROJECT

Environmental Law
Aerial insecticide spraying conducted by the U.S. Forest Service was point source pollution requiring an National Pollution Discharge Elimination...

MIGUEL v. COUNTRY FUNDING CORP.

Banking Law, Civil Procedure, Consumer Protection Law
Subject matter jurisdiction did not exist in a Truth-in-Lending Act action, where claimant did not attempt to rescind against the proper entity within...

SAN FRANCISCO BAYKEEPER, INC. v. TOSCO CORP.

Civil Procedure, Environmental Law
In an action under the Clean Water Act, as long as a notice letter is reasonably specific as to the nature and time of the alleged violations, a...

PECAROVICH v. ALLSTATE INS. CO.

Contracts, Insurance Law
Summary judgment in favor of defendant reversed, where plaintiff's home suffered major damage after an El Nino rainstorm, and he raised a genuine...