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9th Circuit - new cases - 4-10-06

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FindLaw for Legal Professionals U.S. 9th Circuit Court of Appeals

April 10, 2006 Daily Opinion Summaries

FREE CALIFORNIA CASE LAW FROM FINDLAW! Did you know FindLaw provides California case law from 1934 to the present? This collection contains all cases published in California Reports 2d, 3d and 4th and California Appellate Reports 2d, 3d and 4th. Cases contain official citations and page numbers and you can use hypertext links within the cases to access other California cases. Register for free California case law now!

 

 

ADMINISTRATIVE LAW, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW, LABOR & EMPLOYMENT LAW

  • Josephs v. Pac. Bell

 

ASSET FORFEITURE, CRIMINAL LAW & PROCEDURE

  • US v. Casey

 

BANKRUPTCY LAW, PROPERTY LAW & REAL ESTATE, TRANSPORTATION

  • Norfolk S. Ry. Co. v. Consol. Freightways Corp.

 

COMMERCIAL LAW, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, DRUGS & BIOTECH, HEALTH LAW

  • US v. Kim

 

CRIMINAL LAW & PROCEDURE, SENTENCING

  • Davis v. Grigas

 

ADMINISTRATIVE LAW, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW, LABOR & EMPLOYMENT LAW

 

Josephs v. Pac. Bell, No. 03-56412 (9th Cir. April 10, 2006)

Judgment pursuant to a jury verdict in favor of plaintiff on an employment discrimination claim under the Americans with Disabilities Act (ADA) is affirmed where denial of defendant's motions for judgment as a matter of law and a new trial was proper, and there was no error regarding jury instructions or admission of evidence. (Amended opinion)

 

http://caselaw.lp.findlaw.com/data2/circs/9th/0356412p.pdf

 

 

ASSET FORFEITURE, CRIMINAL LAW & PROCEDURE

 

US v. Casey, No. 04-30525, 05-30016 (9th Cir. April 10, 2006)

The government is entitled to a money judgment in criminal forfeiture cases even when a defendant has no assets with which to satisfy it.

 

http://caselaw.lp.findlaw.com/data2/circs/9th/0430525p.pdf

 

 

BANKRUPTCY LAW, PROPERTY LAW & REAL ESTATE, TRANSPORTATION

 

Norfolk S. Ry. Co. v. Consol. Freightways Corp., No. 04-55717 (9th Cir. April 10, 2006)

Dismissal of a complaint claiming that bankruptcy debtor, an interstate motor carrier, held certain funds in trust for plaintiff, an interline freight railroad, under the "interline trust doctrine" is affirmed since the creation of a new federal common law rule imposing a constructive trust for the payment of interline balances in bankruptcy was not justified.

 

http://caselaw.lp.findlaw.com/data2/circs/9th/0455717p.pdf

 

COMMERCIAL LAW, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, DRUGS & BIOTECH, HEALTH LAW

 

US v. Kim, No. 05-50112 (9th Cir. April 10, 2006)

A conviction of a proprietor of a small pharmacy for selling cold remedies containing pseudoephedrine in violation of 21 U.S.C. section 841(c)(2) is affirmed over a vagueness challenge to the statute of conviction since the statute has a sufficiently clear mens rea provision.

 

http://caselaw.lp.findlaw.com/data2/circs/9th/0550112p.pdf

 

 

CRIMINAL LAW & PROCEDURE, SENTENCING

 

Davis v. Grigas, No. 05-15211 (9th Cir. April 10, 2006)

Denial of a habeas corpus petition following a plea to attempted murder with the use of a deadly weapon is reversed and remanded where a state court based its decision on an erroneous understanding that defendant stipulated to the sentence he received.

 

http://caselaw.lp.findlaw.com/data2/circs/9th/0515211p.pdf

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