CIVIL RIGHTS, CLASS ACTIONS, HEALTH LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

• Moran v. Selig

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, SENTENCING

• Morris v. Ylst

CIVIL RIGHTS, CLASS ACTIONS, HEALTH LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Moran v. Selig, No. 04-55647 (9th Cir. May 09, 2006)

Summary judgment for defendants on Title VII and battery claims brought by former professional baseball players alleging racial discrimination in the provision of medical and supplemental income benefits to certain retired African-American players is affirmed where: 1) plaintiffs failed to make a prima facie showing of discrimination under Title VII; 2) alternatively, defendants had a legitimate non-discriminatory reason for the actions they took and such reason was nonpretextual; and 3) plaintiffs failed to offer evidence of the commission of a battery sufficient to survive summary judgment.

http://caselaw.lp.findlaw.com/data2/circs/9th/0455647p.pdf

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, SENTENCING

Morris v. Ylst, No. 05-99002 (9th Cir. May 09, 2006)

Defendant's convictions in a capital murder case are affirmed over claims of alleged failure of the prosecution to turn over material exculpatory evidence in violation of Brady and alleged presentation of perjured testimony, and the case is remanded with instructions to grant relief as to the penalty, subject to the state's retrying the penalty phase within a reasonable time.

http://caselaw.lp.findlaw.com/data2/circs/9th/0599002p.pdf