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 U.S. Court of Appeal 9th Circuit Opinions
Case Summaries-April 27, 2000

9TH Circuit Case Law 3/20/00
Date: Thursday, April 27, 2000 6:07 PM
LABOR LAW

PASSANTINO v. JOHNSON (4/27/00 - No. 97-36191v2)
Since there was no statutory mandate regarding allocation of damages, and
jury did not allocate award between federal and state employment
discrimination claims, district court had authority to allocate compensatory
damages to plaintiff's state law claim.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9736191v2.html    

There are several versions or parts of this case provided by the court.
More recent version usually contain corrections, updates, or other important information.

ATTORNEYS AND JUDGES

PACIFIC HARBOR v. CARNIVAL (4/27/00 - No. 98-35633)
District court properly imposed sanctions on attorneys claiming to have
misunderstood effective date of temporary restraining order and contending
that compliance with order was impossible, despite fact that there was no
finding that attorneys had advised client to violate the order.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9835633.html
ATTORNEYS AND JUDGES-PACIFIC HARBOR v. CARNIVAL (4/27/00 - No. 98-35633)FCP
CRIMINAL LAW

WEINER v. SAN DIEGO COUNTY (4/27/00 - No. 98-55752)
District attorney acted in his capacity as state, rather than county,
official when he decided to proceed with appellant's criminal prosecution.
For that reason, appellant's claim against county for wrongful prosecution
under 42 U.S.C. §1983 failed.  Appellant's state law defamation claim also
failed, as statement that "...cases, unlike fine wine, get worse rather than
better, with age," was an opinion rather than a statement of fact.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9855752.html  
CRIMINAL LAW-WEINER v. SAN DIEGO COUNTY (4/27/00 - No. 98-55752)FCP
BANKRUPTCY LAW

FERRARI v. SIMS (4/27/00 - No. 99-16059)
In Chapter 11 bankruptcy proceeding, bankruptcy trustee cannot assign and
sell car dealership franchise to bona fide purchaser when the orders of
assumption and sale do not clearly specify which of two companies doing
business under the same fictitious name is to be the purchaser.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9916059.html
BANKRUPTCY LAW-FERRARI v. SIMS (4/27/00 - No. 99-16059)FCP
CRIMINAL LAW

DOWS v. WOD (4/27/00 - No. 99-35625)
Fact that trial counsel may have suffered from Alzheimer's disease at the
time of trial does not warrant automatic presumption of prejudice, and is
not sufficient for per se reversal of rape conviction.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9935625.html 
CRIMINAL LAW-DOWS v. WOD (4/27/00 - No. 99-35625)FCP
 


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U.S. Court of Appeal 9th Circuit Opinions- Case Summaries - April 27, 2000
LABOR LAW-CRAMER v. CONSOLIDATED (4/26/00 - No. 98-55657)
LABOR LAW-PASSANTINO v. JOHNSON (4/27/00 - No. 97-36191v2)
9th Circuit Opinions- Case Summaries -FCP