U.S. Court of Appeal 9th Circuit Opinions
Case Summaries-May 15, 2000

9TH Circuit Case Law 5/15/02
Date: Thursday, 16 May 2002 01:02:08 -0700

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TABLE OF CONTENTS

ADMINISTRATIVE LAW, CIVIL PROCEDURE, ERISA, LABOR & EMPLOYMENT LAW
* FUNKHOUSER v. WELLS FARGO BANK

ATTORNEY'S FEES, CIVIL PROCEDURE, CLASS ACTIONS, LABOR & EMPLOYMENT LAW
* VIZCAINO v. MICROSOFT CORP.

CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE
* US v. HERMANEK

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ADMINISTRATIVE LAW, CIVIL PROCEDURE, ERISA, LABOR & EMPLOYMENT LAW

FUNKHOUSER v. WELLS FARGO BANK, No. 00-35397, 00-35410 (9th Cir. May
15, 2002)
A federal court had jurisdiction to rule that ERISA completely
pre-empted a state law claim, even when the court ultimately
declined to exercise supplemental jurisdiction after appellants
failed to state a federal claim under the Family Leave Medical Act.

To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0035397p.pdf

ATTORNEY'S FEES, CIVIL PROCEDURE, CLASS ACTIONS, LABOR & EMPLOYMENT LAW

VIZCAINO v. MICROSOFT CORP., No. 01-35494 (9th Cir. May 15, 2002)
No abuse of discretion in awarding attorney's fees of 28% of a
settlement fund to class counsel, in an action between defendant and
its freelance workers, where court applied the lodestar method as a
cross check of the percentage method in its calculation.

Editor-This case  (VIZCAINO v. MICROSOFT CORP., No. 01-35494 (9th Cir. May 15, 2002)
has an appendix of sample awards.

To read the full text of this opinion, go to (FCP):
VIZCAINO v. MICROSOFT CORP., No. 01-35494 (9th Cir. May 15, 2002)
To read the full text of this opinion, go to: (Findlaw)
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0135494p.pdf


CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE

US v. HERMANEK, No. 99-10092, 99-10137, 99-10142, 99-10197,
99-10143, 99-10146 (9th Cir. May 15, 2002)
Government's failure to comply with recording and sealing
requirements, in wiretaps of cell phone and pager communications,
did not mandate suppression where non-compliance was adequately
explained; portions of expert testimony should be excluded where the
expert's interpretations of particular code words were not supported
by reliable methods.

To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/9910092p.pdf


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FINDLAW DAILY OPINION SUMMARIES - May 15, 2002
U.S. 9TH CIRCUIT COURT OF APPEALS
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U.S. 9th Circuit Court of Appeals

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