U.S. 9th Circuit Court of Appeals

April 14, 2006 Daily Opinion Summaries

ADMINISTRATIVE LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION

• Healy Tibbits Builders, Inc. v. Dir., Office of Workers' Compensation Programs

CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW

• Jones v. City of Los Angeles

CIVIL RIGHTS, GAMING LAW, LABOR & EMPLOYMENT LAW

• Jespersen v. Harrah's Operating Co., Inc.

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, SENTENCING

• Raley v. Ylst

ADMINISTRATIVE LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION

Healy Tibbits Builders, Inc. v. Dir., Office of Workers' Compensation Programs, No. 04-70575 (9th Cir. April 14, 2006)

A petition for review an award of benefits under the Longshore and Harbor Workers' Compensation Act to an employee's spouse and children following his death on the job is denied where the Benefits Review Board reasonably concluded that decedent was a "harbor worker" covered by the Act even though his specific job was not uniquely maritime in nature.

http://caselaw.lp.findlaw.com/data2/circs/9th/0470575p.pdf

CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW

Jones v. City of Los Angeles, No. 04-55324 (9th Cir. April 14, 2006)

The Eighth Amendment prohibits defendant, the City of Los Angeles, from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the city.

http://caselaw.lp.findlaw.com/data2/circs/9th/0455324p.pdf

CIVIL RIGHTS, GAMING LAW, LABOR & EMPLOYMENT LAW

Jespersen v. Harrah's Operating Co., Inc., No. 03-15045 (9th Cir. April 14, 2006)

Summary judgment to an employer on Title VII sex discrimination claims brought by an employee who was terminated for failing to comply with a workplace makeup requirement is affirmed since, although appearance standards such as makeup requirements may well be the subject of a Title VII claim for sexual stereotyping, plaintiff failed to create any triable issue of fact that the challenged policy was part of a policy motivated by sex stereotyping.

http://caselaw.lp.findlaw.com/data2/circs/9th/0315045p.pdf

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS, SENTENCING

Raley v. Ylst, No. 04-99008 (9th Cir. April 14, 2006)

Denial of a habeas corpus petition challenging a conviction and death sentence is affirmed over claims of ineffective assistance of counsel, jury misconduct, and a Brady claim.

http://caselaw.lp.findlaw.com/data2/circs/9th/0499008p.pdf

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