United States Ninth Circuit - Opinion Summaries

SAFARI AVIATION INC. v. GARVEY

Administrative Law, Transportation
The FAA did not arbitrarily and capriciously deny Plaintiff the opportunity to participate in a meaningful rulemaking proceeding when it twice...

HAYES v. WOODFORD

Criminal Law & Procedure, Sentencing, Habeas Corpus
The failure to investigate and present as mitigating evidence the defendant's mental health, family history, and chemical dependency, was not...

SAMMARTANO v. FIRST JUDICIAL DISTRICT COURT, COUNTY OF CARSON CITY

Constitutional Law, Remedies
Where plaintiffs, who were denied access to a government building after refusing to remove clothing bearing symbols of motorcycle organizations,...

STEAM PRESS HOLDINGS, INC. v. HAWAII TEAMSTERS AND ALLIED WORKERS UNION, LOCAL 996

Injury & Tort Law, Labor & Employment Law
Workers' statements made during a strike, that employer was "making money," were statements of opinion and do not meet the requirements of defamation.

TANIGUCHI v. SCHULTZ

Constitutional Law, Criminal Law & Procedure, Immigration Law
An equal protection claim fails where the INS has advanced a rational explanation for the difference in treatment between lawful permanent resident...

ESTATE OF JEFFREY FORD v. RAMIREZ-PALMER

Civil Rights, Constitutional Law
Corrections officers are entitled to qualified immunity where it would not have been clear to a reasonable officer, knowing what each knew, that their...

MOUNTAIN RHYTHM RES. v. FED. ENERGY REGULATORY COMM'N

Administrative Law, Environmental Law, Property Law & Real Estate, Public Utilities
The FERC properly relied on a National Oceanic and Atmospheric Administration-approved coastal zone map in requiring Washington coastal zone...

FLAMINGO INDUS. (USA) LTD v. U.S. POSTAL SERV.

Antitrust & Trade Regulation, Constitutional Law
Federal antitrust claims are actionable against the U.S. Postal Service, because Congress has withdrawn the cloak of sovereign immunity from it, and...

KONOP v. HAWAIIAN AIRLINES, INC.

Communications Law, Cyberspace Law, Labor & Employment Law
The unauthorized viewing of stored electronic communications on a secure web site does not constitute an "interception" under the Wiretap Act. A...

EUNIQUE v. POWELL

Constitutional Law, Family Law
Statutes and regulations, authorizing denial of a passport to an applicant who was severely in arrears on child support payment, are not an...