CIVIL PROCEDURE, CONTRACTS, FOOD & BEVERAGES, INTERNATIONAL LAW, INTERNATIONAL TRADE

• E. & J. Gallo Winery v. Andina Licores S.A.

CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW

• Pinard v. Clatskanie Sch. Dist. 6J

COMMERCIAL LAW, CONTRACTS, OIL & GAS LAW, PROPERTY LAW & REAL ESTATE

• BP W. Coast Prods. LLC v. May

CONSTITUTIONAL LAW, LABOR & EMPLOYMENT LAW

• Berry v. Dep't of Soc. Servs.

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW

• Aguiluz-Arellano v. Gonzales

CIVIL PROCEDURE, CONTRACTS, FOOD & BEVERAGES, INTERNATIONAL LAW, INTERNATIONAL TRADE

E. & J. Gallo Winery v. Andina Licores S.A., No. 05-16504 (9th Cir. May 01, 2006)

Denial of a preliminary injunction, sought by a California winery to enjoin a wine and liquor distributor headquartered in Ecuador from proceeding with foreign litigation regarding a distributorship agreement, is reversed where the district court abused its discretion in the denial, as defendant had involved plaintiff in messy, protracted, and potentially fraudulent foreign litigation in direct contravention of a valid and enforceable forum selection clause.

http://caselaw.lp.findlaw.com/data2/circs/9th/0516504p.pdf

CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW

Pinard v. Clatskanie Sch. Dist. 6J, No. 04-35574 (9th Cir. May 01, 2006)

The standard for determining whether the First Amendment protects student speech, Tinker v. Des Moines Indep. C'mty Sch. Dist., 393 U.S. 503, 514 (1969), does not include the public concern requirement applicable in the government employment context.

http://caselaw.lp.findlaw.com/data2/circs/9th/0435574p.pdf

COMMERCIAL LAW, CONTRACTS, OIL & GAS LAW, PROPERTY LAW & REAL ESTATE

BP W. Coast Prods. LLC v. May, No. 05-15076 (9th Cir. May 01, 2006)

Summary judgment for plaintiff finding that it did not violate the Petroleum Marketing Practices Act when it sold its interests in gas facilities operated defendants' and non-renewed its franchise relationships with them is affirmed where plaintiff acted in good faith and in the normal course of business when it determined to sell the facilities.

http://caselaw.lp.findlaw.com/data2/circs/9th/0515076p.pdf

CONSTITUTIONAL LAW, LABOR & EMPLOYMENT LAW

Berry v. Dep't of Soc. Servs., No. 04-15566 (9th Cir. May 01, 2006)

Summary judgment for defendant-public employer on constitutional and Title VII claims brought by an employee is affirmed where the public employer's interests in avoiding violations of the Establishment Clause and in maintaining a conference room as a nonpublic forum outweighed the resulting limitations on plaintiff's free exercise of his religion at work. Additionally, defendant was not required to further accommodate plaintiff's religious views under Title VII.

http://caselaw.lp.findlaw.com/data2/circs/9th/0415566p.pdf

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW

Aguiluz-Arellano v. Gonzales, No. 03-73856 (9th Cir. May 01, 2006)

A petition for review of a final removal order is denied over a challenge to a finding that petitioner's conviction for being under the influence of a controlled substance did not fall within the scope of the Federal First Offender Act (FFOA).

http://caselaw.lp.findlaw.com/data2/circs/9th/0373856p.pdf

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