U.S. Court of Appeal 9th Circuit Opinions
Case Summaries-March 29, 2000

9TH Circuit Case Law 3/29/00
Date: Wed, 29 Mar 2000 12:33:29 -0800
Case Law
Wed, 29 Mar 2000 15:36:15 -0800

U.S. Court of Appeal 9th Circuit Opinions
Case Summaries - March 29, 2000
 

TORT/GOVERNMENT LAW

SIGMAN v. USA (3/29/00 - No. 9835913)
Sovereign immunity does not protect Air Force from claim that it was
negligent in processing enlistment of individual who provided a
contradictory medical and psychiatric history by failing to undertake
further mental or psychiatric review that would have disclosed the existence
of a serious mental condition.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9835913.html    
SIGMAN v. USA (3/29/00 - No. 9835913)-FCP Filed March 29, 2000
SIGMAN v. USA (3/29/00 - No. 9835913) Amended July 14, 2000

INSURANCE/BANKRUPTCY/TORT LAW

LOYD v. AGUILAR (3/29/00 - No. 9855113)
Status as a “sham” corporation formed for sole purpose of defrauding
insurance policyholders did not deny bankruptcy trustee standing to sue on
corporation’s behalf since it could still suffer an injury cognizable under
Article III of the Constitution.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9855113.html 
LOYD v. AGUILAR (3/29/00 - No. 9855113)-FCP


BUSINESS LAW

HOWARD v. AMERICA ONLINE (3/29/00 - No. 9856138)
Class of America Online subscribers may not use claims against America
Online that were settled in an earlier state court action to establish a
pattern of racketeering activity in a federal RICO action.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9856138.html  
HOWARD v. AMERICA ONLINE (3/29/00 - No. 9856138)


CRIMINAL/TAX LAW

USA v. STANDARD (3/29/00 - No. 9850632)
Unsolicited referral payments were not illegal in California in 1988, and as
a result, the $1.7 million deduction appellant took on his tax return for
that year should not have been used to calculate the base offense level for
his tax conviction without first determining whether all of the deducted
payments were actually for solicited referrals.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9850632.html   
USA v. STANDARD (3/29/00 - No. 9850632)


SECURITIES LAW

SEC v. NITE (3/29/00 - No. 9856980)
Court improperly granted SEC’s summary judgment motion in securities fraud
action, as appellant was in prison for unrelated fraud conviction and did
not receive sufficient notice of his obligation to respond.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9856980.html 
SEC v. NITE (3/29/00 - No. 9856980)


GOVERNMENT/EDUCATION LAW

REESE v. JEFFERSON SCHOOL DISTRICT (3/29/00 - No. 9935543)
Since female students failed to provide evidence of gender-related
discrimination or a system-wide disparate impact in punishment, district
court did not violate Equal Protection Clause by punishing them for throwing
water balloons in boys’ bathroom and failing to punish male students for
alleged misconduct of which it had no notice.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9935543.html
REESE v. JEFFERSON SCHOOL DISTRICT (3/29/00 - No. 9935543)

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Copyright 2000 

SIGMAN v. USA - No. 9835913)TORT/GOVERNMENT LAW INSURANCE/BANKRUPTCY/TORT LAWCRIMINAL/TAX LAW
 

SIGMAN v USA 9835922; 35935; 35936; 35937; 35938 ; 35939; 35946L 35947;
No. 9835913 - 03/29/00

SIGMAN v USA
No. 9835913v2 - 07/14/00