========================================================================
TABLE OF CONTENTS
BANKRUPTCY LAW, CIVIL PROCEDURE, TAX LAW
* DUNMORE v. US
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE
* SMITH v. CITY OF HEMET
* GUERRERO v. GATES
CONSTITUTIONAL LAW, LABOR & EMPLOYMENT LAW
* ROE v. CITY OF SAN DIEGO
CRIMINAL LAW & PROCEDURE, SENTENCING
* US v. TERRY-CRESPO
ENVIRONMENTAL LAW, INSURANCE LAW, OIL & GAS LAW
* ZURICH AM. INS. CO. v. WHITTIER PROPS. INC.
IMMIGRATION LAW
* LI v. ASHCROFT
========================================================================
BANKRUPTCY LAW, CIVIL PROCEDURE, TAX LAW
DUNMORE v. US, No. 02-15789 (9th Cir. January 29, 2004)BANKRUPTCY
Plaintiff's tax refund claims are "non-core" proceedings under the
Bankruptcy Code, despite the offset claim asserted by the IRS; the
bankruptcy court therefore could not enter a final judgment without
plaintiff's consent. District court abused its discretion when it
affirmed the bankruptcy court's final order dismissing the claims.
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0215789p.pdf
DUNMORE v. US, No. 02-15789 (9th Cir. January 29, 2004)BANKRUPTCY
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE
SMITH v. CITY OF HEMET, No. 02-56445 (9th Cir. January 29, 2004)
An allegation that excessive force was used in making an arrest is
incompatible with a California Penal Code section 148 conviction.
Accordingly, plaintiff's section 148 conviction bars him from
proceeding with his section 1983 claim.
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256445p.pdf
SMITH v. CITY OF HEMET, No. 02-56445 (9th Cir. January 29, 2004)CIVIL
RIGHTS
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE
GUERRERO v. GATES, No. 02-56017 (9th Cir. January 29, 2004)CIVIL RIGHTS
Plaintiff's section 1983 claims of wrongful arrest, malicious
prosecution and conspiracy would necessarily imply the invalidity of
his two narcotics convictions, and are therefore barred. The fact
that he is no longer in custody and thus may not be able to overturn
his prior convictions by means of habeas corpus does not preclude
this bar.
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256017p.pdf
GUERRERO v. GATES, No. 02-56017 (9th Cir. January 29, 2004)CIVIL RIGHTS
CONSTITUTIONAL LAW, LABOR & EMPLOYMENT LAW
ROE v. CITY OF SAN DIEGO, No. 02-55164 (9th Cir. January 29,
2004)CONSTITUTIONAL LAW
Any speech by a public employee is protected as a matter of public
concern from an adverse employment decision so long as it does not
fall within an unprotected category of speech, was not about private
personnel matters, was directed to a segment of the general public,
occurred outside the workplace and was not motivated by an
employment-related grievance.
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0255164p.pdf
ROE v. CITY OF SAN DIEGO, No. 02-55164 (9th Cir. January 29,
2004)CONSTITUTIONAL LAW
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. TERRY-CRESPO, No. 03-30085 (9th Cir. January 29, 2004)CRIMINAL LAW
The district court properly denied defendant's motion to suppress;
the victim's 911 call bore sufficient indicia of reliability to
justify the police's investigatory stop. His prior offense of firing
a gun at a (perhaps uninhabited) building was proper grounds for the
"crime of violence" enhancement.
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0330085p.pdf
US v. TERRY-CRESPO, No. 03-30085 (9th Cir. January 29, 2004)CRIMINAL LAW
ENVIRONMENTAL LAW, INSURANCE LAW, OIL & GAS LAW
ZURICH AM. INS. CO. v. WHITTIER PROPS. INC., No. 02-36101 (9th
Cir.ENVIRONMENTAL
January 29, 2004)
EPA regulations provide for the exclusive remedy of prospective
cancellation of an Underground Storage Tank insurance policy in the
event of an insured's misrepresentation. Thus, the fact that
defendant gas-station owner denied prior soil contamination on its
insurance application did not warrant rescission of the policy.
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0236101p.pdf
ZURICH AM. INS. CO. v. WHITTIER PROPS. INC., No. 02-36101 (9th
Cir.ENVIRONMENTAL
IMMIGRATION LAW
LI v. ASHCROFT, No. 00-70157 (9th Cir. January 29, 2004)IMMIGRATION LAW
An asylum-seeker who announced her opposition to China's population
control policies and was thereafter subjected to a forced
gynecological exam and threatened with future abortion,
sterilization of her boyfriend, and arrest, is deemed to have been
persecuted on account of political opinion per 8 U.S.C. section
1101(a)(42)(B).
To read the full text of this opinion, go to:
[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0070157p.pdf
LI v. ASHCROFT, No. 00-70157 (9th Cir. January 29, 2004)IMMIGRATION LAW
========================================================================
FINDLAW DAILY OPINION SUMMARIES -
U.S. 9TH CIRCUIT COURT OF APPEALS
http://www.findlaw.com/casecode/courts/9th.html
Opinion Summaries Archive September 2000 to the Present
Click here to browse or search the archive for specific opinions:
http://caselaw.lp.findlaw.com/casesummary/index.html
========================================================================
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- advertisement =-=-=-/
Free Daily Job Alerts and the Latest Law Firm News from BCG!
BCG has more attorney law firm positions than any recruiter in the
world.
Let them advise you of their openings as they come available.
Additionally, stay current on the latest legal news with BCG's Law
Firm Headlines. Sign up below to receive daily BCG Job Alerts and Law
Firm News Headlines:
http://rd.findlaw.com/scripts/nl.pl?url=10669788000_nl
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-/
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- advertisement =-=-=-/
Med-Witness, Ltd. provides expert services for any type of case
involving medical issues or patient care. Medical records are reviewed
and qualified medical experts are produced. Experts available in all
specialties. NO MERIT - NO CHARGE.
http://rd.findlaw.com/scripts/nl.pl?url=10355292001_nl
=-=-=-=-=-=-=-=-=-=-=-=-=- Accredited Online CLE Programs =-=-=-=-=-=-/
Online CLE: Punitive Damages After State Farm v. Campbell
Practising Law Institute Online CLE Program on West LegalEdcenter
Findlaw users save 50%! Enter promotion code PLIPD3 when purchasing.
West LegalEdcenter. Stay current. Stay available. Stay put.
http://rd.findlaw.com/scripts/nl.pl?url=9th_cle_1057160979
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- westgroup.com =-=-=-=-=-=-=-=-=-=-=/
Attorney Client Privilege in the U.S. 2d. The single source for
everything you need to make sure that you protect your
clients and yourself.
Buy online today or call 1-800-344-4912.
http://rd.findlaw.com/scripts/nl.pl?url=9th_book_1041628411
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-/
FEEDBACK
We value your comments! Please take a moment to give us your feedback
at
http://www.findlaw.com/info/write/write.html . Please include the
relevant newsletter title in the text of your message.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
SUBSCRIPTION INFORMATION
To subscribe to a FindLaw Newsletter, visit the FindLaw Newsletter
Subscription Center at
http://newsletters.findlaw.com.
To unsubscribe, go to
http://newsletters.findlaw.com/unsubscribe.html.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
ADVERTISING INFORMATION
For more information about advertising in
FindLaw Newsletters, please contact:
FindLaw Sales (mailto:sales@findlaw.com)
|
|
Check Your Credit Score
™©
FederalCivilProcedure.Com™© All Rights Reserved
