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US Circuit Court of Appeals
9th Circuit Case Summaries

2003/12/22

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OPINION SUMMARIES -December 22, 2003
U.S. 9TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CIVIL PROCEDURE, INTELLECTUAL PROPERTY, PATENT, UNFAIR COMPETITION LAW
* MATTEL, INC. v. GREINER AND HAUSSER GMBH

CIVIL RIGHTS
* LUCCHESI v. BAR-O BOYS RANCH

CONSTITUTIONAL LAW, INDIAN LAW, TRAVEL & LEISURE, GAMING LAW
* ARTICHOKE JOE'S CALIFORNIA GRAND CASINO v. NORTON

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* SHAW v. TERHUNE

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CIVIL PROCEDURE, INTELLECTUAL PROPERTY, PATENT, UNFAIR COMPETITION LAW

MATTEL, INC. v. GREINER AND HAUSSER GMBH, No. 02-56272 (9th Cir.
December 22, 2003)
In ordering dismissal of this action concerning the Barbie doll,
district court improperly determined that it lacked personal
jurisdiction over the defendants. The subject matter of this suit is
sufficiently related to an action filed by defendant in 1961 to
support personal jurisdiction, at least at this stage of the
proceedings.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256272p.pdf

CIVIL RIGHTS

LUCCHESI v. BAR-O BOYS RANCH, No. 02-17079 (9th Cir. December 22,
2003)
Because plaintiffs' state tort claim and 42 U.S.C. section 1983
claim were predicated on the same wrong, plaintiffs are not barred
from seeking relief from the statute of limitations under the
doctrine of equitable tolling.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0217079p.pdf

CONSTITUTIONAL LAW, INDIAN LAW, TRAVEL & LEISURE, GAMING LAW

ARTICHOKE JOE'S CALIFORNIA GRAND CASINO v. NORTON, No. 02-16508 (9th
Cir. December 22, 2003)
The Indian Gaming Regulatory Act allows the State of California to
grant a monopoly on casino-style gaming to the Indian tribes. The
monopoly granted through Tribal-State Compacts pursuant to
Proposition 1A does not violate Plaintiffs' rights to equal
protection of the laws.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0216508p.pdf

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

SHAW v. TERHUNE, No. 02-16829 (9th Cir. December 22, 2003)
District court did not err in denying a due process challenge to
plaintiff's conviction, notwithstanding the fact that the prosecutor
knowingly prosecuted two defendants for acts that only one could
perform. Court's decision was neither contrary to, nor an
unreasonable application of, clearly established federal law.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0216829p.pdf

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