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US Circuit Court of Appeals
9th Circuit Case Summaries

2004/03/16

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OPINION SUMMARIES -March 16, 2004
U.S. 9TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW
* WILDERNESS SOC'Y v. US FISH & WILDLIFE SERV.

ATTORNEY'S FEES, CIVIL PROCEDURE, CLASS ACTIONS, CONSUMER PRODUCTS,
MANUFACTURING, UNFAIR COMPETITION LAW
* CHURCHILL VILL., L.L.C. v. GEN. ELEC.

CONSTITUTIONAL LAW, LABOR & EMPLOYMENT LAW
* EMBURY v. KING

DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW, UNFAIR COMPETITION LAW
* BUSHLEY v. CREDIT SUISSE FIRST BOSTON

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ADMINISTRATIVE LAW, ENVIRONMENTAL LAW

WILDERNESS SOC'Y v. US FISH & WILDLIFE SERV., No. 01-35266 (9th Cir.
January 13, 2003)
Defendant's decision to permit a fish species enhancement was a
reasonable interpretation of statutory ambiguities under the
Wilderness Act (16 U.S.C. sections 1131-1136) and the National
Wildlife Refuge System Administration Act (16 U.S.C. sections
668dd-668ee). (Amended opinion)

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

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0135266p.pdf

ATTORNEY'S FEES, CIVIL PROCEDURE, CLASS ACTIONS, CONSUMER PRODUCTS,
MANUFACTURING, UNFAIR COMPETITION LAW

CHURCHILL VILL., L.L.C. v. GEN. ELEC., No. 01-17059, 02-15354,
02-15391, 02-16838, 02-16906 (9th Cir. March 16, 2004)
District court did not abuse its discretion in approving a class
action settlement concerning defective dishwashers manufactured by
defendant. Counsel who filed a Florida class action lack standing to
pursue a fee award under California Code of Civil Procedure section
1021.5.

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

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0117059p.pdf

CONSTITUTIONAL LAW, LABOR & EMPLOYMENT LAW

EMBURY v. KING, No. 02-15030 (9th Cir. March 16, 2004)
When a state removes a case to federal court, it waives Eleventh
Amendment immunity.

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

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0215030p.pdf

DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW, UNFAIR COMPETITION LAW

BUSHLEY v. CREDIT SUISSE FIRST BOSTON, No. 03-15901 (9th Cir. March
16, 2004)
Because the district court ordered arbitration pursuant to 9 U.S.C.
section 4, its order is not appealable under section 16(b)(2);
defendant's appeal is dismissed for lack of jurisdiction.

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

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315901p.pdf

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