| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-35569
|
National Wildlife Federation v. National Marine Fisheries Service
Preliminary injunction based on violation of Endangered Species Act was proper. |
Environmental Law |
|
Nov. 21, 2005 | |
|
04-35868
|
Natural Resources Defense Council v. U.S. Forest Service
Misinterpretation of market demand for timber made logging plan arbitrary and capricious. |
Environmental Law |
|
Nov. 21, 2005 | |
|
03-55403
|
Dang v. Cross
Plaintiff deserves punitive damages for civil rights violation arising from police act that was oppressively done. |
Civil Rights |
|
Nov. 21, 2005 | |
|
03-17082
|
Campbell v. Redding Medical Center
In qui tam action, first-to-file rule applies only when first complaint fulfills jurisdictional prerequisites. |
Government |
|
Nov. 21, 2005 | |
|
03-56064
|
Williams v. Roe
Application of amendment eliminating sentencing discretion to defendant who committed crimes before amendment violates ex post facto principle. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-50113
|
U.S. v. Cervantes-Flores
Admission of certificate of nonexistence of record prepared by INS did not violate defendant's confrontation rights. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-15194
|
Arnold v. Runnels
Admission of interrogation that was taped against defendant's will violated his Miranda rights. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-16842
|
Natural Resources Defense Council Inc. v. National Marine Fisheries Service
Federal agency's fishing limits for darkblotched rockfish violated environmental law. |
Environmental Law |
|
Nov. 21, 2005 | |
|
04-15988
|
Cordes v. Gonzales
Denial of discretionary relief from removal violated permanent resident's equal protection rights. |
Immigration |
|
Nov. 21, 2005 | |
|
03-35975
|
Benton v. Oregon Student Assistance Commission
Award of attorney fees and costs in case where sole relief obtained was judgment of one dollar was in error. |
Civil Procedure |
|
Nov. 21, 2005 | |
|
03-10377
|
U.S. v. Carter
Defaced firearm serial number that is not discernible to naked eye is still 'altered or obliterated' for purpose of sentence enhancement. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-56582
|
The Dow Chemical Co. v. Calderon
Nicaraguan litigants did not consent to personal jurisdiction of U.S. court. |
Civil Procedure |
|
Nov. 21, 2005 | |
|
04-16981
|
Preminger v. Principi
Department of Veterans' Affairs regulation prohibiting partisan activities at its facility did not violate First Amendment. |
Constitutional Law |
|
Nov. 21, 2005 | |
|
04-10257
|
U.S. v. Ortuno-Higareda
Supervised release of deported defendant caught reentering may not be revoked on basis of unadvised condition. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-10113
|
U.S. v. Rodriguez-Lara
Alien was entitled to have expert assist in jury composition challenge during deportation trial. |
Immigration |
|
Nov. 21, 2005 | |
|
04-50260
|
U.S. v. Lopez-Montanez
Prior felony conviction under state's sexual battery statute did not constitute 'crime of violence' for federal sentencing purposes. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-35096
|
Ali v. Ashcroft
Order |
|
Nov. 21, 2005 | ||
|
04-50612
|
U.S. v. Murguia-Oliveros
Court had jurisdiction to revoke immigrant's supervised release when arrest occurred before release term expired. |
Immigration |
|
Nov. 21, 2005 | |
|
03-50471
|
U.S. v. Sanders
When original sentencing judge has since retired, defendant whose sentence must be vacated is entitled to remand for full resentencing hearing. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-50167
|
U.S. v. Strobehn
Any evidence of unconsented forced accompaniment, however insubstantial, suffices for bank robbery enhancement. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-57253
|
Prasoprat v. Benov
Defendant facing extradition to Thailand has no right to discover what punishment he will face if extradited. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-55601
|
Abatie v. Alta Health & Life Insurance Co.
Insurance company's denial of life insurance benefits to decedent's widow was not abuse of discretion. |
Insurance |
|
Nov. 21, 2005 | |
|
03-55957
|
M2 Software Inc. v. Madacy Entertainment
In trademark infringement action, district court correctly ruled that no rational trier fact could find likelihood of confusion. |
Intellectual Property |
|
Nov. 21, 2005 | |
|
04-15885
|
Fowler v. Sacramento County Sheriff's Dept.
Preclusion of proffered cross-examination of alleged molestation victim was in error. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
03-36012
|
Thorman v. American Seafoods Co.
Wage action brought by crew members against fishing vessels is time-barred because contractual six-month limit on disputes had expired. |
Maritime Law |
|
Nov. 21, 2005 | |
|
03-30579
|
U.S. v. Johal
Grocer may be convicted for selling pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine. |
Criminal Law and Procedure |
|
Nov. 21, 2005 | |
|
04-15466
|
Agster v. Maricopa County
Federal law does not recognize privilege of peer review for documents involving death of prisoner. |
Civil Procedure |
|
Nov. 21, 2005 | |
|
03-16791
|
Smith v. Arthur Andersen LLP
Bankruptcy trustee had standing to seek settlement approval that barred non-settling defendants from asserting claims. |
Civil Procedure |
|
Nov. 21, 2005 | |
|
03-16418
|
Posnanski v. Gibney
Out-of-circuit court's decision to transfer case to court within this circuit is not appealable to Ninth Circuit. |
Civil Procedure |
|
Nov. 21, 2005 | |
|
04-16443
|
Beck v. Fort James Corp.
Company cannot sue liquidating trustee in foreign jurisdiction without leave of bankruptcy court. |
Bankruptcy |
|
Nov. 21, 2005 |