Opinions From the U.S. Court of Appeals for the Ninth Circuit - October 2011

Greene v. Camreta, et al
Date: October 31, 2011
Docket Number: 06-35333

Beeman, et al v. Anthem Prescription, et al
Date: October 31, 2011
Docket Number: 07-56692

Beeman, et al v. Anthem Prescription, et al
Date: October 31, 2011
Docket Number: 07-56692

Gypsum Resources, LLC v. Catherine Masto, et al
Date: October 31, 2011
Docket Number: 09-17849

USA v. Elide Caruto
Date: October 31, 2011
Docket Number: 09-50309

Rob Brantley, et al v. NBC Universal, Inc., et al
Date: October 31, 2011
Docket Number: 09-56785

American Trucking Associations v. The City of Los Angeles, et al
Date: October 31, 2011
Docket Number: 10-56465

Small v. Avanti Health Systems, LLC, et al.
Date: October 31, 2011
Citation: 2011 US App (9th) 2094
Docket Number: 11-55563

Justia Opinion Summary: Petitioner sought injunctive relief in district court pursuant to section 10(j) of the National Labor Relations Act (NLRA), 29 U.S.C. 160(j), alleging that CHHP was a successor employer to Karykeion and that a majority o...

United States v. Wilson
Date: October 28, 2011
Citation: 2011 US App (9th) 2091
Docket Number: 09-10330

Justia Opinion Summary: This case stemmed from defendant's operation of a fraudulent investment fund. Defendant's Ponzi scheme took almost $13 million from over 50 investors and petitioners were among the investors. Petitioners appealed the dis...

United States v. Newman; United States v. Tedesco
Date: October 28, 2011
Citation: 2011 US App (9th) 2092
Docket Number: 10-10430

Justia Opinion Summary: Defendants, David Ray Newman and Jon Tedesco, committed crimes that subject them to criminal forfeiture: Newman robbed two banks, and Tedesco conspired to defraud banks. Defendants each pleaded guilty and agreed to forfe...

Boyer v. Belleque
Date: October 28, 2011
Citation: 2011 US App (9th) 2093
Docket Number: 10-35574

Justia Opinion Summary: Defendant, an Oregon state prisoner, appealed the district court's denial of his 28 U.S.C. 2254 habeas corpus petition, arguing that the evidence presented was constitutionally insufficient for a rational jury to find hi...

Seeboth v. Mayberg, et al.
Date: October 27, 2011
Citation: 2011 US App (9th) 2086
Docket Number: 09-15330

Justia Opinion Summary: Over the course of more than 30 years, petitioner was convicted of crimes involving deviant sexual acts with children. After a series of unsuccessful appeals and postconviction procedures, petitioner filed a federal habe...

Schultz v. Tilton
Date: October 27, 2011
Citation: 2011 US App (9th) 2087
Docket Number: 09-55998

Justia Opinion Summary: Petitioner appealed the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. At issue was whether the California trial court's use of California Jury Instruction, Criminal (CALJ...

USA v. David Nosal
Date: October 27, 2011
Docket Number: 10-10038

United States v. Williams
Date: October 27, 2011
Citation: 2011 US App (9th) 2088
Docket Number: 10-10550

Justia Opinion Summary: Defendant plead guilty to possession of child pornography. At issue on appeal was whether 18 U.S.C. 2251(d)(1)(A) required an individual to personally produce the sexually explicit visual depictions of minors that he adv...

Donald McCants, et al v. Thomas Betlach, et al
Date: October 27, 2011
Docket Number: 10-16193

Taylor v. Commissioner, SSA
Date: October 27, 2011
Citation: 2011 US App (9th) 2089
Docket Number: 10-35732

Justia Opinion Summary: Plaintiff appealed the denial of his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-34. Plaintiff claimed he was disabled by thoracic spine and lumbar spine degener...

Miller, et al. v. City of Los Angeles, et al.
Date: October 27, 2011
Citation: 2011 US App (9th) 2090
Docket Number: 10-55235

Justia Opinion Summary: This case arose from a deadly use of force lawsuit filed by decedent's family against defendants. The district court issued an in limine order precluding defendants from arguing that decedent was armed when he was shot....

Georgia Miller, et al v. City of Los Angeles, et al
Date: October 27, 2011
Citation: 2011 US App (9th) 2090
Docket Number: 10-55235

USA v. David Nosal
Date: October 27, 2011
Docket Number: 10-10038

Sarei, et al. v. Rio Tinto, PLC, et al.
Date: October 25, 2011
Citation: 2011 US App (9th) 2083
Docket Number: 02-56256

Justia Opinion Summary: This Alien Tort Statute (ATS), 28 U.S.C. 1350, case arose out of the operations of Rio Tinto mining group on the island of Bougainville in Papua New Guinea (PNG) and the uprising against Rio Tinto in the late 1980's that...

Duran Gonzales, et al. v. U.S. Dept. of Homeland Security, et al.
Date: October 25, 2011
Citation: 2011 US App (9th) 2084
Docket Number: 09-35174

Justia Opinion Summary: This case arose when plaintiffs voluntarily filed applications for adjustment of status in reliance on the Ninth Circuit's opinion in Perez-Gonzalez v. Ashcroft, wherein the court purportedly held that individuals like p...

USA v. Michael Carona
Date: October 25, 2011
Docket Number: 09-50235

Carrillo-Yeras v. Astrue
Date: October 25, 2011
Citation: 2011 US App (9th) 2085
Docket Number: 09-56515

Justia Opinion Summary: Plaintiff appealed the district court's decision affirming the Social Security Administration's (SSA) denial of her applications for disability insurance benefits and supplemental security income. The court held that bec...

Doe v. Busby
Date: October 24, 2011
Citation: 2011 US App (9th) 2080
Docket Number: 08-55165

Justia Opinion Summary: Respondent appealed the district court's order granting petitioner a conditional writ of habeas corpus. At issue was whether the petition was timely; even assuming the petition was deemed timely, whether there was error...

United States v. Reveles
Date: October 24, 2011
Citation: 2011 US App (9th) 2081
Docket Number: 10-30313

Justia Opinion Summary: This case arose when defendant was accused of drunk driving on the Kitsap Naval Base in Bremerton, Washington. At issue was whether the Government violated the Double Jeopardy Clause of the Fifth Amendment to the U.S. Co...

Arsdi v. Holder, Jr.
Date: October 24, 2011
Citation: 2011 US App (9th) 2082
Docket Number: 10-72147

Justia Opinion Summary: Petitioner, a native and citizen of Ethiopia, petitioned for review of the BIA's decision affirming the IJ's conclusion that petitioner was statutorily ineligible for asylum and withholding of removal because petitioner'...

Myers, et al v. Holder
Date: October 20, 2011
Docket Number: 07-72858

United States v. Wilkes, et al.
Date: October 19, 2011
Citation: 2011 US App (9th) 2078
Docket Number: 08-50063

Justia Opinion Summary: This case centered around the political corruption of former California Congressman Randall "Duke" Cunningham, who provided lucrative government defense contracts to defendant and others in exchange for expensive meals,...

United States v. Rizk
Date: October 19, 2011
Citation: 2011 US App (9th) 2079
Docket Number: 10-50051

Justia Opinion Summary: Defendant appealed her jury conviction for one count of conspiracy, one count of bank fraud, and thirteen counts of loan fraud. On appeal, defendant contended that the district court committed prejudicial error by admitt...

Smallwood v. Allied Van Lines, Inc., et al.
Date: October 18, 2011
Citation: 2011 US App (9th) 2076
Docket Number: 09-56714

Justia Opinion Summary: This case arose when plaintiff hired defendant to move some of his household goods from southern California to the United Arab Emirates (UAE). When the UAE officials discovered plaintiff's box of firearms and ammunition,...

Fossen, et al. v. Blue Cross and Blue Shield of MT, Inc.
Date: October 18, 2011
Citation: 2011 US App (9th) 2077
Docket Number: 10-36001

Justia Opinion Summary: This appeal presented the question of whether a provision of the federal Health Insurance Portability and Accountability Act (HIPAA), Pub. L. No. 104-191, 110 Stat. 1936, preempted Montana's "little HIPAA" law, Mont. Cod...

Mattos, et al. v. Agarano, et al.; Brooks v. City of Seattle, et al.
Date: October 17, 2011
Citation: 2011 US App (9th) 2075
Docket Number: 08-15567

Justia Opinion Summary: Plaintiffs, both women who were tased during an encounter with officers, filed a suit under 42 U.S.C. 1983 seeking damages for the alleged violation of their Fourth Amendment rights. At issue was whether the use of a tas...

Jewish War Veterans of the Uni, et al v. City of San Diego, et al
Date: October 14, 2011
Docket Number: 08-56415

United States v. Carper
Date: October 14, 2011
Citation: 2011 US App (9th) 2074
Docket Number: 10-10517

Justia Opinion Summary: Defendant appealed his sentence of three years' imprisonment for unlawfully exporting PVS-14 Gen 3 night-vision devices in violation of the Arms Export Control Act (AECA), 22 U.S.C. 2778. These devices, designed for mili...

Montana Consumer Counsel v. FERC; Upper Peninsula Power Co., et al. v. FERC; Public Citizen, Inc., et al. v. FERC
Date: October 13, 2011
Citation: 2011 US App (9th) 2069
Docket Number: 08-71827

Justia Opinion Summary: This case stemmed from FERC's statutory mandate set out in the Federal Power Act (FPA), 16 U.S.C. 824-824w, to ensure that all rates and charges made, demanded, or received by power wholesalers were just and reasonable....

United States v. Urena
Date: October 13, 2011
Citation: 2011 US App (9th) 2070
Docket Number: 09-50285

Justia Opinion Summary: Defendant appealed his jury conviction for assault with a dangerous weapon and possession of a contraband in prison. On appeal, defendant argued that the district court abused its discretion by refusing to instruct the j...

United States v. Reyes
Date: October 13, 2011
Citation: 2011 US App (9th) 2071
Docket Number: 10-10323

Justia Opinion Summary: Defendant, the former Chief Executive Officer of Brocade Communications (Brocade or the Company), a company the developed and sold data switches for networks, appealed his conviction in a second criminal trial for securi...

United States v. McEnry
Date: October 13, 2011
Citation: 2011 US App (9th) 2072
Docket Number: 10-10433

Justia Opinion Summary: Defendant was convicted, on a plea of guilty, of serving as an airman without an airman's certificate. Defendant appealed from his sentence on the ground that the district court procedurally erred by sentencing him pursu...

United States v. Labuff
Date: October 13, 2011
Citation: 2011 US App (9th) 2073
Docket Number: 10-30274

Justia Opinion Summary: Defendant was convicted of robbery and aiding and abetting robbery in Indian country in violation of U.S.C. 1153(a) and 2111. On appeal, defendant contended that the government did not present sufficient evidence to esta...

James v. Schriro
Date: October 12, 2011
Citation: 2011 US App (9th) 2067
Docket Number: 08-99016

Justia Opinion Summary: Petitioner, a death row inmate, appealed the district court's denial of his petition for a writ of habeas corpus. Petitioner raised three grounds for relief: (1) petitioner claimed that the state failed to disclose an or...

Russell Country Sportsmen, et al. v. U.S. Forestry Service, et al.; Great Falls Snowmobile Club, et al. v. U.S. Forestry Services, et al.
Date: October 12, 2011
Citation: 2011 US App (9th) 2068
Docket Number: 10-35623

Justia Opinion Summary: This case stemmed from the USFS's issuance of a revised Travel Management Plan governing recreational motorized and nonmotorized use on 1.1 million acres of the Lewis and Clark National Forest, including the Middle Fork...

Meza-Vallejos, et al. v. Holder, Jr.
Date: October 11, 2011
Citation: 2011 US App (9th) 2066
Docket Number: 07-70638

Justia Opinion Summary: Petitioner, a native and citizen of Peru, sought review of a decision by the BIA denying his motion to reopen on the ground that petitioner had failed to voluntarily depart. The court held that where, as here, a period o...

Dion Starr v. County of Los Angeles, et al
Date: October 5, 2011
Docket Number: 09-55233

Carrera v. Ayers, Jr.
Date: October 4, 2011
Citation: 2011 US App (9th) 2065
Docket Number: 08-99007

Justia Opinion Summary: During petitioner's murder trial, defense counsel failed to object to the prosecutor's use of peremptory challenges to strike six Hispanic venirepersons. Petitioner appealed the district court's denial of his petition fo...

Rebecca Rickley v. County of Los Angeles, et al
Date: October 4, 2011
Docket Number: 09-56498

United States v. Gilchrist
Date: October 3, 2011
Citation: 2011 US App (9th) 2061
Docket Number: 09-10250

Justia Opinion Summary: Defendant appealed his sentence of 25 months' imprisonment plus five years of supervised release following his guilty plea to ten counts of embezzlement under 18 U.S.C. 656, and eight counts of bank fraud under 18 U.S.C....

United States v. King
Date: October 3, 2011
Citation: 2011 US App (9th) 2062
Docket Number: 09-30442

Justia Opinion Summary: Defendant was convicted after a three-day jury trial of four counts of injecting fluids into deep wells without a permit, in violation of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300h-2(b)(2). Defendant was also con...

Suzlon Energy Ltd. v. Microsoft Corp.
Date: October 3, 2011
Citation: 2011 US App (9th) 2063
Docket Number: 10-35793

Justia Opinion Summary: This case stemmed from Suzlon's demand that Microsoft produce documents from the Microsoft Hotmail email account of Rajagopalan Sridhar, an Indian citizen imprisoned abroad. Microsoft objected to the production and the d...

Washington State, et al v. Chimei Innolux Corp., et al
Date: October 3, 2011
Citation: 2011 US App (9th) 2064
Docket Number: 11-16862

Washington State, et al. v. Chimei Innolux Corp., et al.
Date: October 3, 2011
Citation: 2011 US App (9th) 2064
Docket Number: 11-16862

Justia Opinion Summary: The Attorneys General of Washington and California filed parens patriae actions in their states' courts alleging that defendants engaged in a conspiracy to fix the prices of thin-film transistor liquid crystal display (T...